PRIME PROPERTY & CASUALTY INSURANCE INC.
v.
ALLIED TRUCKING OF FLORIDA, INC.
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A trial court does not abuse its discretion in denying a motion for rehearing that raises an issue that could have been, but was not, raised in the initial motion or at the initial hearing.
[1] A trial court does not abuse its discretion in denying a motion for reconsideration or rehearing which raises an issue that could have been, but was not, raised in the in…
[2] A trial court has the discretion to refuse to consider evidence presented for the first time on a motion for rehearing.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A trial court does not abuse its discretion in denying a motion for reconsideration or rehearing which raises an issue that could have, but wasn't, raised in the initial motion or at the initial hearing.”
Citation to Bank of America, N.A. v. Bank of N.Y. Mellon, establishing the standard for reviewing denials of rehearing motions.
Prime Property & Casualty Insurance appealed a trial court decision and filed a motion for rehearing. The motion for rehearing raised issues that coul…
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Third District Court of Appeal
State of Florida
Opinion filed September 27, 2023. Not final until disposition of timely filed motion for rehearing.
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No. 3D22-1616 Lower Tribunal No. 20-26645
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Prime Property & Casualty Insurance, Inc.,
Appellant,
vs.
Allied Trucking of Florida, Inc., et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Alan Fine, Judge. Green, Matzner & Kellner, P.A., and Jay B. Green and Stephen Carlos Jimenez (Boca Raton); Russo Appellate Firm, P.A., and Elizabeth K. Russo and Paulo R. Lima, for appellant. Ver Ploeg & Marino, P.A., and Stephen A. Marino, Jr. and Rochelle N. Wimbush; Kula & Associates, P.A., and Elliot B. Kula, W. Aaron Daniel and William D. Mueller, for appellees. Before EMAS, MILLER and LOBREE, JJ. PER CURIAM. Affirmed. See Bank of Am., N.A. v. Bank of N.Y. Mellon, 338 So. 3d 338, 341 n. 2 (Fla. 3d DCA 2022) (“A trial court does not abuse its discretion in denying a motion for reconsideration or rehearing which raises an issue that could have, but wasn’t, raised in the initial motion or at the initial hearing.”); Umana v. Citizens Prop. Ins. Corp., 282 So. 3d 933, 935 (Fla. 3d DCA 2019) (finding “no abuse of discretion in the trial court’s denial of the insureds’ motion for rehearing premised upon new evidence” and noting that the trial court “has the discretion to refuse to consider a counter-affidavit presented for the first time on a motion for rehearing of a summary judgment as being too late.”) (quoting Knowles v. JPMorgan Chase Bank, N.A., 994 So. 2d 1218, 1219-20 (Fla. 2d DCA 2008)); Monarch Cruise Line, Inc. v. Leisure Time Tours, Inc., 456 So. 2d 1278, 1279 (Fla. 3d DCA 1984) (classifying trial court's ruling on motion for rehearing as a “discretionary act of the trial judge” which is not to be disturbed without “a clear showing that the trial court abused its discretion.”) See also Chris Thompson, P.A. v. GEICO Indem. Co., 349 So. 3d 447, 448-49 (Fla. 4th DCA 2022) (“Appellant asserts that the trial court could not ignore binding authority simply because it was brought before the court on a motion for reconsideration, noting that the order granting entitlement was a non-final order. It is true that a trial court has the inherent authority to reconsider a non-final order and modify or retract it. Yet, it is not an abuse of discretion to deny a motion for reconsideration which raises an issue that could have been, but was not, raised in a pre-hearing filing or at the entitlement hearing.”) (quotations omitted); Fitchner v. Lifesouth Cmty. Blood Ctrs., Inc., 88 So. 3d 269, 278 (Fla. 1st DCA 2012) (noting that trial judges have the authority, but are not required, to consider new issues that are presented for the first time on rehearing); Gaffney v. Gaffney, 965 So. 2d 1217, 1221-22 (Fla. 4th DCA 2007) (holding that a trial court does not abuse its discretion when it declines to consider matters raised for the first time in a motion for rehearing).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Prime Prop. & Cas. Ins. Inc. v. Allied Trucking of Fla., Inc., 338 So. 3d 338 (Fla. 3d DCA 2023)…fying trial court's ruling on motion for rehearing as a “discretionary act of the trial judge” which is not to be disturbed without “a clear showing that the trial court abused its discretion.”) See also Chris Thompson, P.A. v. GEICO Indem. Co., 349 So. 3d 447, 448-49 (Fla. 4th DCA 2022) (“Appellant asserts that the trial court could not ignore binding authority simply because it was brought before the court on a motion for reconsideration, noting that the order granting entitlement was a non-final ord…1 / 2
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Montalvo v. Rovirosa, 386 So. 3d 974 (Fla. 3d DCA 2023)…If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted.’” (quoting In re Amends. to Fla. Rule of Civ. Proc. 1.510, 309 So. 3d 192, 194 (Fla. 2020))); Bank of Am., N.A. v. Bank of New York Mellon, 338 So. 3d 338, 341 (Fla. 3d DCA 2022) (“A trial court does not abuse its discretion in denying a motion for reconsideration or rehearing which raises an issue that could have, but wasn’t, raised in the initial motion or at the initial hearing.”). Finding no e…
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Chris Thompson, P.A. v. Geico Indem. Co. (Fla. 4th DCA 2022)…CA 1999). Yet, it is not an abuse of discretion to deny a motion for reconsideration which raises an issue that could have been, but was not, raised in a pre-hearing filing or at the entitlement hearing. See Bank of Am., N.A. v. Bank of N.Y. Mellon, 338 So. 3d 338, 341 n.2 (Fla. 3d DCA 2022) (“A trial court does not abuse its discretion in denying a motion for reconsideration or rehearing which raises an issue that could have [been], but wasn’t, raised in the initial motion or at the initial hearing.”); see a…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kaynan Fitchner v. Lifesouth Cmty. Blood Ctrs., Inc., 88 So. 3d 269 (Fla. 1st DCA 2012)
- Monarch Cruise Line, Inc. v. Leisure Time Tours, Inc., 456 So. 2d 1278 (Fla. 3d DCA 1984)
- Gaffney v. Gaffney, 965 So. 2d 1217 (Fla. 4th DCA 2007)
- Prime Prop. & Cas. Ins. Inc. v. Allied Trucking of Fla., Inc., 338 So. 3d 338 (Fla. 3d DCA 2023)