When Is a Motion for Rehearing Necessary to Preserve for Review a Trial Court’s Error in Failing to Make Factual Findings?

Appellate courts will only consider issues on appeal if they were first brought up in the trial court. This means that if something wasn’t discussed in the trial court, it can’t be brought up on appeal unless it’s a really big mistake, like the court not having the power to make a decision, or someone not getting a fair chance to speak up. There’s a rule that allows lawyers to ask the trial court to look at their case again before the decision is final, and this can help save issues for appeal if the lawyer forgot to talk about them earlier. But when the problem only shows up in the final decision, lawyers might have to ask the trial court to look at their case again before they can talk about it on appeal. It’s a bit complicated and different depending on where you are. In court cases, challenges to the sufficiency of evidence depend on who makes the decision. If a judge makes the decision without a jury, then a party can raise the issue of whether there was enough evidence to support the decision on appeal without having to raise it in the trial court. But if a jury makes the decision, then the party has to raise the issue in the trial court first. There is also the issue of whether the order or judgment has enough detailed reasons for the decision. If there are multiple reasons the court could have used, and the judge doesn’t say which one, then that could be a problem. In some court cases, it’s important for the trial judge to make specific findings so that the higher court can review the decision. This is especially true in family law cases. If a party thinks the findings aren’t clear enough, they can ask for a rehearing or the court might bring it up on its own. But in some cases, like when a statute requires specific findings, the party has to raise the issue in a rehearing for it to be considered on appeal. In a divorce case, different Florida appellate courts have different rules about when someone can challenge the trial court’s decision. Some courts say you have to raise the issue in a motion for rehearing before you can complain about it on appeal. But other courts say that’s not necessary, especially in cases involving divorce. The Fourth District Court of Appeal recently said you don’t have to raise the issue in a motion for rehearing. The other districts haven’t made up their minds yet. The Fourth District is in a conflict with the First, Third, and Fifth districts and it’s causing problems for lawyers who practice in these areas. The Supreme Court needs to step in to make sure that the same rules apply to family law and other cases in all districts in Florida. A recent decision seems to give special treatment to family law cases, which doesn’t make sense. All cases and all people should be treated the same when it comes to following the rules. Uniform rules for all cases in all districts would be the best for everyone involved.

Source: https://www.floridabar.org/the-florida-bar-journal/when-is-a-motion-for-rehearing-necessary-to-preserve-for-review-a-trial-courts-error-in-failing-to-make-factual-findings/