motions for reconsideration and motions for rehearing are separateand distinct under Florida law. A motion for rehearing is a creature of therules of procedure. It may only be directed at final orders
A motion for reconsideration is a creature of the common law. It may be directed atvirtually any nonfinal order and filed at any time until entry of judgment
3.The article goes on to recommend doing exactly as I did:
To avoid confusion and maintain clarity, the practitioner who seeks tohave a trial judge reconsider a nonfinal order should properly style themotion as one for reconsideration and not rehearing.
4.As the court stated in
Monte Campbell Crane Co., Inc. v. Hancock,
510 So. 2d 1104,1105-1106 (Fla. 4th DCA 1987):
It is well settled that a trial court has the inherent authority to control itsown nonfinal orders prior to entry of final judgment.
North Shore Hospital,Inc. v. Barber,
143 So.2d 849, 851 (Fla. 1962);
Alabama Hotel Co. v. J.L.Mott Iron Works,
86 Fla. 608, 98 So. 825 (Fla. 1924).
5.An order to transfer venue is a nonfinal order. Included in the court’s authority to controlits own nonfinal orders prior to entry of final judgment are the authorities to:a.Reconsider them, and b.Set them aside. 6.Accordingly:
Was there nobody on the entire team of defendant’s attorneys who knew the difference between amotion for reconsideration and motion for rehearing? Or, are defendants, yet again, trying to flimflam thecourt?
The rehearing that I have suggested would not be of an order, but would be of defendants’ originalmotion to transfer venue, however, any such rehearing would only occur if and after the court sets asidethe order of July 16, 2012, that transferred venue to Leon County. Therefore, at such a point, there would be no order in existence upon which to have a rehearing, but merely a then outstanding motion.Furthermore, I did not request, but merely suggested, a rehearing on this motion. I would willingly foregosuch a hearing and permit the court to simply deny the motion. My suggestion for a rehearing on it wassimply a courtesy to defendants.
Plaintiff's Reply to Defendant's Opposition to Motion to Reconsider - Page 2 of 5