When an appeal by the state is authorized by Florida Rule of Appellate Procedure 9.140, or sections 924.07 or 924.071, Florida Statutes, the state may file a motion for rehearing within 10 days of an order subject to appellate review. A motion for rehearing shall state with particularity the points of law or fact that, in the opinion of the state, the court has overlooked or misapprehended in its decision, and shall not present issues not previously raised in the proceeding. A response may be filed within 10 days of service of the motion. The trial court’s order disposing of the motion for rehearing shall be filed within 15 days of the response but not later than 40 days from the date of the order of which rehearing is sought. A timely filed motion for rehearing shall toll rendition of the order subject to appellate review and the order shall be deemed rendered upon the filing of a signed, written order denying the motion for rehearing. This rule shall not apply to postconviction proceedings pursuant to rule 3.800(a), 3.801, 3.850, 3.851, or 3.853. Nothing in this rule precludes the trial court from exercising its inherent authority to reconsider a ruling while the court has jurisdiction of the case.
RULE 3.192. MOTIONS FOR REHEARING
- Only the State can file a motion for rehearing under this rule, and only on orders from which it is authorized to appeal.
- The motion must be filed within 10 days of the order and must state the specific points of law or fact the court allegedly overlooked.
- This rule does not apply to most postconviction proceedings (e.g., Rules 3.850, 3.853).
- A timely filed motion for rehearing "tolls" (pauses) the clock for filing a notice of appeal. The time to appeal does not begin until the judge rules on the rehearing motion.
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