Yes. In Florida, a motion for rehearing does toll the appeal deadline, but only if it is both timely and authorized. When those two conditions are met, the final judgment is not treated as “rendered” while the motion is pending, and the 30-day clock to file a notice of appeal does not begin until the trial court signs a written order disposing of the motion.1Rules for Florida Appellate Procedure. Florida Rule of Appellate Procedure 9.020 – Definitions Miss either condition, and the appeal clock keeps running from the original judgment as if the motion were never filed.
What “Tolling” Actually Means Here
Florida’s rules don’t stop a clock that is already running. They delay when the clock starts. Under Florida Rule of Appellate Procedure 9.020(h), an order is “rendered” when a signed, written order is filed with the clerk, and the 30-day appeal window runs from rendition.2Rules for Florida Appellate Procedure. Florida Rule of Appellate Procedure 9.110 – Appeal Proceedings to Review Final Orders of Lower Tribunals When a proper post-judgment motion is pending, the final order is not deemed rendered until the court files a signed, written order disposing of the last such motion.3Rules for Florida Appellate Procedure. Florida Rule of Appellate Procedure 9.020 – Definitions – Section: (h) Rendition (of an Order)
The practical effect is that the judgment sits in limbo while the rehearing motion is alive. You can concentrate on persuading the trial judge to reconsider without simultaneously racing to prepare an appeal.
The Two Conditions: Timely and Authorized
A motion for rehearing delays rendition only if it clears both tests.
Timely. Florida Rule of Civil Procedure 1.530 requires a motion for rehearing to be served no later than 15 days after the date the judgment is filed in a non-jury action.4Justia Law. In Re Amendments to Florida Rule of Civil Procedure 1.530 A motion served on day 16 has no effect on the appeal deadline. The 30 days run from the original judgment as though nothing was ever filed.
Authorized. The motion must be the correct procedural vehicle for the ruling it attacks. A motion for rehearing is authorized after non-jury proceedings: bench trials, summary judgments, and other matters decided by a judge rather than a jury. If granted in a non-jury case, the judge may reopen the judgment, take additional testimony, and enter a new decision.4Justia Law. In Re Amendments to Florida Rule of Civil Procedure 1.530
The Jury Trial Trap
A motion for rehearing is not authorized after a jury verdict. The correct post-verdict motion is a motion for new trial, which must be served within 15 days of the verdict’s return.4Justia Law. In Re Amendments to Florida Rule of Civil Procedure 1.530 A party who files a motion for rehearing after a jury verdict has filed an unauthorized motion. It does nothing to delay rendition, and the 30-day appeal clock has been running since the judgment was filed with the clerk.
By the time the mistake is noticed, the window may already be closed. The distinction between “rehearing” and “new trial” sounds like procedural hair-splitting until it costs someone their right to appeal.
When the New 30-Day Clock Starts
Once the rehearing motion is properly on file, the appeal clock does not begin until the court disposes of it. What happens next depends on how the judge rules.
If the court denies the motion, the original judgment becomes rendered on the date the denial order is filed with the clerk. The losing party has 30 days from that date to file a notice of appeal of the original judgment.5Rules for Florida Appellate Procedure. Florida Rule of Appellate Procedure 9.020 – Definitions – Section: (h)(2) Effect of Motions Tolling Rendition
If the court grants the motion, the original judgment is vacated and a new or amended final judgment is entered. The 30-day period then runs from the date that new judgment is filed, and any appeal challenges the amended ruling.
Filing a Notice of Appeal While Rehearing Is Pending
Some parties try to hedge by filing a notice of appeal before the rehearing motion is decided. Rule 9.020(h)(2)(C) says the appeal is held in abeyance until the last pending tolling motion is resolved.5Rules for Florida Appellate Procedure. Florida Rule of Appellate Procedure 9.020 – Definitions – Section: (h)(2) Effect of Motions Tolling Rendition
Filing the notice early carries a real risk, though. Florida courts have generally treated a premature notice of appeal as an abandonment of the pending post-judgment motion, on the theory that invoking appellate jurisdiction signals the party no longer wants the trial court to act. That abandonment can effectively render the judgment and start the appeal clock. The safer move is to wait for the ruling on the rehearing motion before filing the notice.
Motions That Do Not Delay Rendition
Not every post-judgment filing stops the clock. The most important exclusion is a motion for relief from judgment under Florida Rule of Civil Procedure 1.540. A Rule 1.540 motion, which seeks to set aside a judgment for reasons like newly discovered evidence, fraud, or excusable neglect, does not delay rendition. Even a motion for rehearing directed at an order granting or denying Rule 1.540 relief will not toll the appeal deadline.6Rules for Florida Appellate Procedure. Florida Rule of Appellate Procedure 9.130 – Proceedings to Review Nonfinal Orders and Specified Final Orders
The practical consequence: if your only remaining option is a Rule 1.540 motion, file the notice of appeal within 30 days of the original judgment anyway. The two tracks run independently, and counting on Rule 1.540 to buy extra time forfeits the appeal.
Why Getting This Right Matters
Florida’s 30-day appeal deadline is jurisdictional. Failing to file a notice of appeal within 30 days of rendition is an “irremediable jurisdictional defect” that cannot be fixed, excused, or waived.7Florida Courts. Florida Rules of Appellate Procedure The appellate court will dismiss a late appeal regardless of the reason, the strength of the underlying case, or whether the opposing party objects. There is no good-cause exception and no motion for extension that rescues a notice filed on day 31.
That is why the two-part test on rehearing motions carries so much weight. A party who files the wrong type of motion, files it one day late, or directs it at the wrong type of order may believe the appeal clock is paused when it is not. By the time the error surfaces, the jurisdictional window has often already closed.