When Is An Argument Too Late For Preservation In Florida?

The short answer: It depends! Florida Rule of Civil Procedure 1.530 explicitly states that on a motion for rehearing of "matters heard without a jury, including summary judgments, the court may open the judgement if one has been entered, take additional testimony, and enter a new judgment." Though the rule does not prohibit the making of new arguments in a motion for rehearing, whether such arguments are considered preserved for purposes of appeal is another matter. For those not versed in appellate speak, "unpreserved" means the appellate court will not consider the argument on appeal.

Florida's Sixth District Court of Appeal recently weighed in on this issue and held that a new argument presented to the trial court for the first time in a motion for rehearing (under Florida Rule of Civil Procedure 1.530) is unpreserved for purposes of the appeal, provided the trial court summarily denies the motion. Melrose Ventures, LLC v. Uptempo Mktg. Corp., No. 6D2023-3824,