Appellate Attorney Files a Motion for Rehearing

Since my son’s appeal was affirmed-per curiam, I have not posted in my blog. I have been trying to figure out what is my next step. I feel like I am the walking dead. I work endless hours, rarely sleep and I am consumed with finding justice for my son BY ANY MEANS NECESSARY.

The appellate attorney has filed a motion for rehearing. Before I post the Motion for Rehearing in my son’s case, I am first going to post what I read in the Florida Bar Journal about rehearing’s.

Advisability of Filing the Motion
The foregoing demonstrates the strict requirements of Rule 9.330 governing rehearing. Rehearing will be granted rarely and only when the limited grounds set forth by the rule are presented and established.14 A motion for rehearing should have a reasonable chance of success if the moving party can identify a critical fact the court overlooked or misunderstood in reaching its original decision, or if the moving party can direct the court’s attention to a recent or controlling statute or case the court may have overlooked.15 An appellate court’s decision to grant a rehearing is generally based on something that was missed by the appellate court — not by the attorneys or parties — in determining its original opinion. However, there will likely be few cases in which the appellate court actually “overlooks” critical record evidence or “misapprehends” a point of law. Thus, there are likely few cases in which a motion for rehearing will be granted. This should not discourage attorneys from filing a motion for rehearing if the appropriate grounds exist, but it certainly should be kept in mind when discussing with a client the advisability of filing a motion for rehearing.

With that, I am next going to post the motion for rehearing.

I may be a glutton for punishment but I actually prefer his Motion for Rehearing better than the appeal he filed.


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