In a civil case where a jury trial is held, a motion for a new trial has to be filed within 15 days after the jury’s verdict (not the judgment, which is entered later). See Florida Rule of Civil Procedure 1.530(b). In a jury case, most types of objections have to be raised again in timely a motion for new trial to preserve them for appeal (this is in addition to objecting at trial or whenever the issue first came up). Examples include objections to allowing or disallowing specific evidence at trial, giving or withholding requested jury instructions, and improper closing arguments, to name just a few.
In a civil case decided by the judge (without a jury trial), a motion for rehearing has to be filed within 15 days after the final order or judgment. See Florida Rule of Civil Procedure 1.530(b). Objections to the judge’s failure to consider certain evidence or failure to state enough findings of fact in the final order are examples of the types of objections that should usually be raised again in a motion for rehearing from a final order or judgment.
Filing a motion for new trial, a motion for rehearing, and a few other types of post-trial motions, may extend the time for filing the appeal—but only if the motion was both timely filed and specifically allowed by the rules of procedure. See Florida Rule of Appellate Procedure 9.020(i). Technically, such a motion does not really extend the time for taking the appeal; rather, the 30-day deadline for filing the notice of appeal just does not start until the lower tribunal enters an order ruling on the motion. However, if the motion for new trial, motion for rehearing, or other post-trial motion was either untimely or not specifically allowed by the rules of procedure, the 30-day deadline to file an appeal will not be extended in any way, and will instead run from the date of the final order or judgment as usual (and not from an order ruling on the untimely, unauthorized motion). One way to reduce the risk of either failing to preserve an issue or failing to timely file the appeal may be to:
(2) after filing the motion go ahead and also file the notice of appeal.
