Change to Process for Preserving Errors on Appeal

Preserving errors is a fundamental necessity for appellate practitioners who must challenge perceived mistakes made by trial courts in lawsuits escalated to a higher court. Attorneys typically preserve errors by raising contemporaneous objections at the time of the hearing or trial so they’re on the record.

A recent change to the Florida Rules of Civil Procedure, Rule 1.530, will have an impact on that process. Effective October 1, 2022, to preserve the insufficient findings error by the lower court in a final judgment order, appeal parties must now file a written motion within 15 days of the judgment to raise alleged errors in the trial court’s rendered final judgment. The motion for rehearing is designed to allow the “finder of fact” with an opportunity to correct an alleged error before the case reaches the appellate stage.  

Failing to preserve an issue regarding written final judgment insufficiency would deny appellate review and ultimately put an appellate action at risk.

Please note that Shawn Taylor is an MDK Alumni member.