--- title: Insufficient Findings? Speak Now (In A Motion For Rehearing) Or Forever Hold Your Peace (On Appeal) description: Effective immediately, the Florida Supreme Court recently amended Rule 1.530 of the Florida Rules of Civil Procedure and Florida Family Law Rule of Procedure 12.530 --- [![appealattorney](https://www.appealattorney.com/hs-fs/hubfs/logo_0_0.png?width=360&height=120&name=logo_0_0.png "appealattorney")](https://appealattorney.com) [![socialSprite - copia](https://www.appealattorney.com/hs-fs/hubfs/socialSprite%20-%20copia.png?width=30&height=30&name=socialSprite%20-%20copia.png)](https://www.facebook.com/profile.php?id=100054263630622) [![socialSprite](https://www.appealattorney.com/hs-fs/hubfs/socialSprite.png?width=30&height=30&name=socialSprite.png)](https://www.linkedin.com/in/michael-brownlee-80a87b48/) [(407) 403-5886](tel:(407)403-5886) menu - [Home](https://www.appealattorney.com) - [About Us](https://www.appealattorney.com/about-us) - [About Michael Brownlee](https://www.appealattorney.com/about-michael-brownlee) - [About Allison Morat](https://www.appealattorney.com/about-allison-morat) - [About Grace Zogaib](https://www.appealattorney.com/about-grace-zogaib) - [About Stacy Ford](https://www.appealattorney.com/about-stacy-j-ford) - [Practice Areas](https://www.appealattorney.com/practice-areas) - [Florida Civil Appeals](https://www.appealattorney.com/florida-civil-appeals) - [Florida Criminal Appeals](https://www.appealattorney.com/florida-criminal-appeals) - [Federal Civil Appeals](https://www.appealattorney.com/federal-civil-appeals) - [Federal Criminal Appeals](https://www.appealattorney.com/federal-criminal-appeals) - [US Supreme Court Proceedings](https://www.appealattorney.com/us-supreme-court-proceedings) - [Writs](https://www.appealattorney.com/writs) - [Oral Argument Consultation](https://www.appealattorney.com/oral-argument-consultation) - [Appellate Wins](https://www.appealattorney.com/apellate-wins) - [Appellate FAQ's](https://www.appealattorney.com/appellate-faqs) - [Articles](https://www.appealattorney.com/blog) [Free Consultation](https://www.appealattorney.com/free-consultation) [Free Consultation](https://www.appealattorney.com/free-consultation) ![Hero Banner](https://www.appealattorney.com/hubfs/Blog/Blog%20Banner.png) # Insufficient Findings? Speak Now (In A Motion For Rehearing) Or Forever Hold Your Peace (On Appeal) [Blog](https://www.appealattorney.com/blog) » Insufficient Findings? Speak Now (In A Motion For Rehearing) Or Forever Hold Your Peace (On Appeal) Nov 18 ## Insufficient Findings? Speak Now (In A Motion For Rehearing) Or Forever Hold Your Peace (On Appeal) November 18, 2022 by [Michael Brownlee](https://www.appealattorney.com/blog/author/michael-brownlee) Effective immediately, the Florida Supreme Court recently amended [Rule 1.530 of the Florida Rules of Civil Procedure and Florida Family Law Rule of Procedure 12.530](https://www.appealattorney.com/hubfs/articles/22-756_090722-Publication-Notice.pdf) to add a requirement that in order to preserve an argument on appeal that the trial court’s findings were insufficient, you must address the sufficiency of the findings in a motion for rehearing. The amendment and the new text are reproduced below. These amendments clear up what was previously a district split on the issue of whether a motion for rehearing is necessary to preserve an argument on appeal that the trial court’s findings were insufficient. In a lot of cases, this amendment won’t impact the appeal. For instance, if a case is dismissed for failure to state a cause of action, it will be reviewed de novo on appeal, and any findings made by the trial court will not matter and would not need to be addressed in a motion for rehearing. But in other cases, this amendment will have a huge impact on the appeal. For instance, due to the recent amendments to the summary judgment rule, which require fact-finding by trial courts to support a summary judgment ruling, the inadequacy of those findings are ripe for attack on appeal. But after the recent amendment to the rehearing rule, you can’t mount such a challenge on appeal unless trial counsel challenged the lack of factual findings in a motion for rehearing. The same is true for family law cases. Even where certain factual findings are already required by statute, after this recent amendment, trial counsel would still need to attack the lack of findings in a motion for rehearing to preserve the argument for appeal. The exact ramifications of this amendment are yet-to-be-seen and time will tell how the amendment is interpreted in a given scenario. But for now, when in doubt, file that motion for rehearing! **Amendments to Rule of Civil Procedure 1.530 (Motions** **for New Trial and Rehearing; Amendments of** **Judgments) and Florida Family Law Rule of Procedure** **12.530 (Motions for New Trial and Rehearing;** **Amendments of Judgments)** The Florida Supreme Court, on its own motion, recently amended Florida Rule of Civil Procedure 1.530 (Motions for New Trial and Rehearing; Amendments of Judgments) and Florida Family Law Rule of Procedure 12.530 (Motions for New Trial and Rehearing; Amendments of Judgments). In re Amends. to Fla. Rule of Civil Procedure 1.530 and Fla. Family Law Rule of Procedure 12.530, No. SC22-756 (Fla. Aug. 25, 2022). The amendments clarify that filing a motion for rehearing is required to preserve an objection to insufficient trial court findings in a final judgment order. The Court invites all interested persons to comment on the amendments, which are reproduced in full below and online at www.floridasupremecourt.org/SC22-756. All comments must be filed with the Court on or before November 8, 2022, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal (Portal). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927. **IN THE SUPREME COURT OF FLORIDA** **IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL** **PROCEDURE 1.530 AND FLORIDA FAMILY LAW RULE OF** **PROCEDURE 12.530, CASE NO. SC22-756** **FLORIDA RULES OF CIVIL PROCEDURE** **RULE 1.530. MOTIONS FOR NEW TRIAL AND REHEARING;** **AMENDMENTS OF JUDGMENTS**      (a) Jury and Non-Jury Actions. A new trial may be granted to all or any of the parties and on all or a part of the issues. 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. On a motion for a rehearing of matters heard without a jury, including summary judgments, the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment.  **(b) – (g)** \[NO CHANGE\] **Committee Notes** **\[NO CHANGE\]** **Court Commentary**      **1984 Amendment.** \[NO CHANGE\]      **2022 Amendments.** 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. **FLORIDA FAMILY LAW RULES OF PROCEDURE** **RULE 12.530. MOTIONS FOR NEW TRIAL AND REHEARING;** **AMENDMENTS OF JUDGMENTS**      **(a) Jury and Non-Jury Actions.** A new trial or rehearing may be granted to all or any of the parties and on all or a part of the issues. 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. On a motion for a rehearing of matters heard without a jury, including summary judgments, the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment.      **(b) – (h)** \[NO CHANGE\] **Court Commentary**      **2022 Amendments.** 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. ## Appellate Litigation Specialists Appellate specialization is necessary to successfully navigate the Federal Rules of Appellate Procedure. 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He is licensed to practice in each of Florida's appellate courts and most of the federal circuit courts of appeal. In addition to Florida's district courts of appeal, Mr. Brownlee has performed oral argument at the U.S. Court of Appeals for the First Circuit in Boston, the U.S. Court of Appeals for the Fifth Circuit in New Orleans, the U.S. Court of Appeals for the Sixth Circuit in Cincinnati, and the U.S. Court of Appeals for the Eleventh Circuit in Atlanta. He has also been lead appellate counsel in two appeals before the Florida Supreme Court. Mr. Brownlee is a member of the Appellate Practice section of the Florida Bar and the Orange County Bar Association's Appellate Practice Committee. In addition to his appellate practice, Mr. Brownlee handles various civil litigation matters at the trial level. Mr. Brownlee holds an "AV Preeminent" peer review rating from Martindale-Hubbell and obtained his board certification from the Florida Bar in appellate practice in 2016. 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