ProPerPreservaTion : recenTchanGesandquickreminders
Appellate Practice Section Chairs : BrandonK . Breslow — Kynes , Markman & Felman , P . A . & DavidM . Costello — FloridaSolicitorGeneral ’ sOffice
itiscrucialto keepthisrule changeinmind whenpreserving errorforappeal .
Preserving appealable issues is like preserving fruit — a few essential steps are necessary to make sure the job is done properly . On August 25 , 2022 , the Florida Supreme Court added a new step to the process when it amended the Civil Procedure and Family Law rules in In re Amendments to Florida Rule of Civil Procedure 1.530 & Florida Family Law Rule of Procedure 12.530 . 1 These changes were effective immediately . 2
In its unanimous opinion , the Court added the following language to rules 1.530 ( a ) and 12.530 ( a ): “ To preserve for appeal a challenge to the sufficiency of a trial court ’ s findings in the final judgment , a
party must raise that issue in a motion for rehearing under this rule .” 3 The Court ’ s commentary noted : “ The amendment to subdivision ( a ) does not address or affect , by negative implication , any other instance in which a motion for rehearing is or might be necessary to preserve an issue for appellate review .” 4 now , failure to challenge the sufficiency of a trial court ’ s findings through a motion for rehearing under these rules will result in a waiver of that issue on appeal .
It is crucial to keep this rule change in mind when preserving error for appeal . In addition to a motion for rehearing under this amendment , there are a few preservation pointers to remember :
• Be sure to object contemporaneously . Failure to raise a timely objection will typically result in a waiver of that issue on appeal . 5
• Specificity is key . Make sure that each of your objections are specific and clear as to the legal grounds raised and obtain a definitive and timely ruling from the trial court . 6
• renew your objections . Certain challenges , such as objections to jurors or motions for directed verdict , must be properly renewed to avoid waiver . 7 continuedonpage17
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