Legal Question in Family Law in Florida
opposing counsel has filed a motion to strike an order issued by the judge for a rehearing due to a mathematical error made by the judge during a non-jury trial. I filed a request for a rehearing upon seeing and reviewing the intended Orders/Final Judgment that were being submitted to the Court based on the non-jury trial. The Orders/Final Judgment has not been signed by the Judge as of yet. The judge did however issue the Order for Rehearing. Civil Rule 1.530 (b) is what the opposing counsel has cited for the reason to strike because the Final Judgment has not been entered. My question is Civil Rule 1.530 (d) allows the court at its own initiative the latitude to order a Rehearing even if the Orders/Final Judgment has not been finalized and entered into the court does it not?
2 Answers from Attorneys
I must be not understanding your questions. I don't believe you can strike an Order issued by a judge. Is that what you are saying?
Technically, a motion for rehearing and a hearing on rehearing can't happen until the judge signs and issues the order. Until the order is issued, the hearing isn't completed, so you can't do a rehearing until the hearing is complete. Still, if the judge wants to look over new evidence or recalculate some numbers or something like that, the judge can do it.
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