Supreme Court of Florida
                              ____________

                           No. SC2022-0756
                             ____________

     IN RE: AMENDMENTS TO FLORIDA RULE OF CIVIL
   PROCEDURE 1.530 AND FLORIDA FAMILY LAW RULE OF
                 PROCEDURE 12.530.

                            April 27, 2023

PER CURIAM.

     Previously in this case and on our own motion, we amended

Florida Rule of Civil Procedure 1.530 (Motions for New Trial and

Rehearing; Amendments of Judgments; Remittitur or Additur) and

Florida Family Law Rule of Procedure 12.530 (Motions for New Trial

and Rehearing; Amendments of Judgments) to clarify that filing a

motion for rehearing is required to preserve an objection to

insufficient trial court findings in a final judgment order. 1 In re

Amendments to Fla. Rule of Civil Procedure 1.530 and Fla. Family

Law Rule of Procedure 12.530, 

 (Fla. 2022).



     1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R.
Gen. Prac. & Jud. Admin. 2.140(d).
Because the amendments were not published for comment prior to

their adoption, we gave interested parties 75 days in which to file

comments on the amendments. Four comments were received.

     Having considered the comments filed, we further amend rules

1.530 and 12.530 by replacing “sufficiency of a trial court’s findings

in the final judgment” in subdivision (a) (Jury and Non-Jury

Actions) of both rules with “failure of the trial court to make

required findings of fact.” This change makes both rules applicable

to all orders, not just final judgments, and makes clear that the

rules apply only when a judge is required to make specific findings

of fact and not when a party seeks to make other challenges to a

trial court’s order.

     Accordingly, we amend the Florida Rules of Civil Procedure

and Florida Family Law Rules of Procedure as reflected in the

appendix to this opinion. New language is indicated by

underscoring and deleted language is indicated by struck-through

type. The amendments shall become effective immediately upon the

release of this opinion.

     It is so ordered.




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MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
and FRANCIS, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Civil Procedure and Florida
Family Law Rules of Procedure

Landis V. Curry III, Chair, Civil Procedure Rules Committee,
Tampa, Florida, Joshua E. Doyle, Executive Director, The Florida
Bar, Tallahassee, Florida, and Heather Savage Telfer, Bar Liaison,
The Florida Bar, Tallahassee, Florida; Dennis W. Moore, Interim
Executive Director, and Sara Elizabeth Goldfarb, Statewide Director
of Appeals, on behalf of the Statewide Guardian ad Litem Office,
Tallahassee, Florida; Ariadne FitzGerald, Lyndsey E. Siara, Jennifer
Latta, Melissa Anne Foss, Miranda Margolis, and Christian
Mairena, Tampa, Florida; and Yosef Kudan of Stok Kon +
Braverman, Fort Lauderdale, Florida,

     Responding with comments




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                              APPENDIX

             FLORIDA RULES OF CIVIL PROCEDURE

RULE 1.530.      MOTIONS FOR NEW TRIAL AND REHEARING;
                 AMENDMENTS OF JUDGMENTS; REMITTITUR
                 OR ADDITUR

      (a) Jury and Non-Jury Actions. A new trial may be granted
to all or any of the parties and on all or a part of the issues. To
preserve for appeal a challenge to the sufficiency of a trial court’s
findings in the final judgmentfailure of the trial court to make
required findings of fact, a party must raise that issue in a motion
for rehearing under this rule. On a motion for a rehearing of
matters heard without a jury, including summary judgments, the
court may open the judgment if one has been entered, take
additional testimony, and enter a new judgment.

     (b) – (h)   [NO CHANGE]

                          Committee Notes
                            [NO CHANGE]
                         Court Commentary
                            [NO CHANGE]


         FLORIDA FAMILY LAW RULES OF PROCEDURE

RULE 12.530. MOTIONS FOR NEW TRIAL AND REHEARING;
             AMENDMENTS OF JUDGMENTS

     (a) Jury and Non-Jury Actions. A new trial or rehearing
may be granted to all or any of the parties and on all or a part of the
issues. To preserve for appeal a challenge to the sufficiency of a trial
court’s findings in the final judgmentfailure of the trial court to
make required findings of fact, a party must raise that issue in a
motion for rehearing under this rule. On a motion for a rehearing of
matters heard without a jury, including summary judgments, the

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court may open the judgment if one has been entered, take
additional testimony, and enter a new judgment.

     (b) – (h)   [NO CHANGE]

                       Court Commentary

                          [NO CHANGE]




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