Motion for rehearing · Rule 8.130 — Florida Dependency Law Finder

Motion for rehearingRule 8.130

Part II · Delinquency Proceedings — G. Relief from Orders and Judgments · Rules of Juvenile Procedure (October 1, 2026 ed.)

7 opinions cite Rule 8.130

Order

T.G. v. State 717 So. 2d 128 · 4D97-3772 · 4th DCA 1998
This opinion cites Rule 8.130 1 time: (b)(1)

…Criminal Procedure to provide for the Rule 3.800(b) motion to correct a sentencing error, no similar amendment was added to the Rules of Juvenile Procedure. Rule 8.130(b)(1) provides for a motion for rehearing to be filed within 10 days of the entry of the order being challenged; Rule 8.135 allows for the correction of clerical…
T.G. v. State 717 So. 2d 128 · DCA97-3772 · District Court of Appeal 1998
This opinion cites Rule 8.130 1 time: (b)(1)

· cited by 5 in all courts

…Criminal Procedure to provide for the Rule 3.800(b) motion to correct a sentencing error, no similar amendment was added to the Rules of Juvenile Procedure. Rule 8.130(b)(1) provides for a motion for rehearing to be filed within 10 days of the entry of the order being challenged; Rule 8.135 allows for the correction of clerical…
State v. M.C. 666 So. 2d 877 · SC84636 · Florida Supreme Court 1995
This opinion cites Rule 8.130 1 time: (b)(2)

…criminal procedure into the rules of juvenile procedure, the court certified the above-quoted question. In D.K.D., the issue was whether Florida Rule of Juvenile Procedure 8.130(b)(2), providing for motions to dismiss in juvenile delinquency proceedings, incorporates the procedural remedies included in Florida Rule of Criminal Procedure…
State v. M.C. 666 So. 2d 877 · SC84636-2 · Florida Supreme Court 1995
This opinion cites Rule 8.130 1 time: (b)(2)

· cited by 14 in all courts

…criminal procedure into the rules of juvenile procedure, the court certified the above-quoted question. In D.K.D., the issue was whether Florida Rule of Juvenile Procedure 8.130(b)(2), providing for motions to dismiss in juvenile delinquency proceedings, incorporates the procedural remedies included in Florida Rule of Criminal Procedure…
T.L.W. v. Soud 645 So. 2d 1101 · 1D94-3144 · 1st DCA 1994
This opinion cites Rule 8.130 1 time, the section generally

· cited by 8 in all courts

…are cognizant that counsel may not be able to adequately articulate arguments of this nature in the rush of trial court proceedings. However, Florida Rule of Juvenile Procedure 8.130 authorizes further trial court consideration through a motion for rehearing and we expressly approve the use of such a motion to permit the trial court to…
In re Amendments to the Florida Rules of Juvenile Procedure 26 So. 3d 552 · SC09-141 · Florida Supreme Court 2009
Rule amendment This opinion cites Rule 8.130 8 times: (b)(3), and the section generally

· cited by 7 in all courts

…the language of the proposed amendment to require that a disposition order "specify" the amount of time served in secure detention before disposition. Rule 8.130 (Motion for Rehearing), applicable in delinquency cases, and rule 8.265 (Motion for Rehearing), applicable in dependency and termination of parental rights…
In re Amendments to the Florida Rules of Civil Procedure 102 So. 3d 451 · SC11-399 · Florida Supreme Court 2012
Rule amendment This opinion cites Rule 8.130 1 time, the section generally

· cited by 12 in all courts

…AND SERVICE OF PLEADINGS RULE 8.085.-RULE 8.095. [No Change] F.HEARINGS RULE 8.100.-RULE 8.120. [No Change] G.RELIEF FROM ORDERS AND JUDGMENTS RULE 8.130.-RULE 8.145. [No Change] H.CONTEMPT RULE 8.150. [No Change] I.GENERAL PROVISIONS RULE 8.160.-RULE 8.185. [No Change] PART HILL DEPENDENCY AND…

Cited as rule 8.130 under earlier numbering (15)

These opinions cite a rule numbered 8.130 before that number meant this rule: before the rules were renumbered on July 1, 1991. They are about a different rule.

0 admin code rules cite Rule 8.130

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.

No admin code rule cites Rule 8.130.

0 CFOPs cite Rule 8.130

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

No CFOP cites Rule 8.130.

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(a) Basis. After the court has entered an order ruling on a pretrial motion, an order of adjudication, or an order withholding adjudication, any party may move for rehearing upon one or more of the following grounds:

(1) That the court erred in the decision of any matter of law arising during the hearing.

(2) That a party did not receive a fair and impartial hearing.

(3) That any party required to be present at the hearing was not present.

(4) That there exists new and material evidence which, if introduced at the hearing, would probably have changed the court’s decision and could not with reasonable diligence have been discovered before and produced at the hearing.

(5) That the court is without jurisdiction of the proceeding.

(6) That the judgment is contrary to the law and evidence.

(b) Time and Method.

(1) A motion for rehearing may be made and ruled upon immediately after the court announces its judgment but must be made within 10 days of the entry of the order being challenged.

(2) If the motion is made in writing, it shall be served as provided in these rules for service of other pleadings.

(3) A motion for rehearing shall toll the time for the taking of an appeal.

(1) If the motion for rehearing is granted the court may vacate or modify the order or any part thereof and allow additional proceedings as it deems just. It may enter a new judgment, and may order or continue the child in detention pending further proceedings.

(2) The court on its own initiative may vacate or modify any order within the time limitation provided in subdivision (b).

Amendments since the 1991 renumbering

From the Florida Bar edition's table of amending opinions. Where it lists a range of rules ("8.400–8.410"), each rule in the range today is listed.

Eff. 2009-11-12 Amended · 24 So.3d 47
Eff. 1991-07-01 Amended · 589 So.2d 818