Florida Juvenile Procedure Rule 8.130 - MOTION FOR REHEARING | Syfert Law

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Florida Juvenile Procedure Rule 8.130

RULE 8.130. MOTION FOR REHEARING

(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.

(c) Court Action.

(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).

Cases Citing Rule 8.130

Total Results: 26

State v. JTS

373 So. 2d 418

District Court of Appeal of Florida | Filed: Jul 25, 1979 | Docket: 1772992

Cited 35 times | Published

Florida Rules of Juvenile Procedure are applicable, Rule 8.130(b)(2), Florida Rules of Juvenile Procedure provides

Category: Juvenile Procedure

DKD v. State

470 So. 2d 1387, 10 Fla. L. Weekly 304

Supreme Court of Florida | Filed: Jun 6, 1985 | Docket: 1260786

Cited 9 times | Published

this argument is without merit because juvenile rule 8.130(b)(2) contains no such provision for a traverse

Category: Juvenile Procedure

In Re Petition of Florida Bar

589 So. 2d 818, 1991 WL 239342

Supreme Court of Florida | Filed: May 9, 1991 | Docket: 1730649

Cited 7 times | Published

prejudice. F. MOTIONS AND SERVICE OF PLEADINGS RULE 8.130(b) — (o)085. PREHEARING MOTIONS AND SERVICE (b)(a)

Category: Juvenile Procedure

In Re Amendments to the Florida Rules of Juvenile Procedure

26 So. 3d 552, 34 Fla. L. Weekly Supp. 671, 2009 Fla. LEXIS 2066, 2009 WL 4841088

Supreme Court of Florida | Filed: Dec 17, 2009 | Docket: 1116291

Cited 5 times | Published

served in secure detention before disposition. Rule 8.130 (Motion for Rehearing), applicable in delinquency

Category: Juvenile Procedure

Petition of Fla. Bar, Rules of Juv. Proc.

462 So. 2d 399, 10 Fla. L. Weekly 1

Supreme Court of Florida | Filed: Dec 28, 1984 | Docket: 1509954

Cited 5 times | Published

adjudication is withheld, or when a plan under Rule 8.130(a)(3) has been accepted, to the circuit court

Category: Juvenile Procedure

Parr v. State

415 So. 2d 1353

District Court of Appeal of Florida | Filed: Jul 7, 1982 | Docket: 1512938

Cited 4 times | Published

also reserved the right to appeal this ruling. Rule 8.130(a), Florida Rules of Juvenile Procedure provides

Category: Juvenile Procedure

McCarver v. State

379 So. 2d 979

District Court of Appeal of Florida | Filed: Jan 16, 1980 | Docket: 1681167

Cited 4 times | Published

adjudicating the child to be a delinquent child ..." Rule 8.130 Fla. R.Juv.P. provides that at any hearing after

Category: Juvenile Procedure

In the Interest of DJ

330 So. 2d 34, 1975 Fla. App. LEXIS 18744

District Court of Appeal of Florida | Filed: Mar 14, 1975 | Docket: 1798198

Cited 4 times | Published

delinquency proceedings, *35 and the necessity under Rule 8.130, Rules of Juvenile Procedure, for a court order

Category: Juvenile Procedure

In re Amendments to the Florida Rules of Civil Procedure

102 So. 3d 451, 37 Fla. L. Weekly Supp. 638, 2012 Fla. LEXIS 2063, 2012 WL 4936363

Supreme Court of Florida | Filed: Oct 18, 2012 | Docket: 60226665

Cited 2 times | Published

[No Change] G.RELIEF FROM ORDERS AND JUDGMENTS RULE 8.130.-RULE 8.145. [No Change] H.CONTEMPT RULE 8.150

Category: Juvenile Procedure

TG v. State

717 So. 2d 128, 1998 WL 568331

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 1681326

Cited 2 times | Published

was added to the Rules of Juvenile Procedure. Rule 8.130(b)(1) provides for a motion for rehearing to

Category: Juvenile Procedure

In Interest of WB

428 So. 2d 309, 1983 Fla. App. LEXIS 19305

District Court of Appeal of Florida | Filed: Mar 16, 1983 | Docket: 1374820

Cited 2 times | Published

LETTS, C.J., and DOWNEY, J., concur. NOTES [1] Rule 8.130(a)(1) provides: (1) In delinquency cases the

Category: Juvenile Procedure

The Florida Bar

418 So. 2d 1004, 1982 Fla. LEXIS 2502

Supreme Court of Florida | Filed: Aug 31, 1982 | Docket: 64591891

Cited 1 times | Published

service of pleadings and papers as provided bv Rule 8.130(cl. (fl The duties of lav guardians shall not

Category: Juvenile Procedure

T.G. v. State

717 So. 2d 128, 1998 Fla. App. LEXIS 11502

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 64782641

Published

was added to the Rules of Juvenile Procedure. Rule 8.130(b)(1) provides for a motion for rehearing to

Category: Juvenile Procedure

E.W. v. State

590 So. 2d 48, 1991 Fla. App. LEXIS 13430, 1991 WL 272745

District Court of Appeal of Florida | Filed: Dec 24, 1991 | Docket: 64663517

Published

S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969); Rule 8.130(a)(1), Florida Rules of Juvenile Procedure; We

Category: Juvenile Procedure

Florida Bar

530 So. 2d 920, 13 Fla. L. Weekly 506, 1988 Fla. LEXIS 1527, 1988 WL 90342

Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64636905

Published

adjudication is withheld, or when a plan under Rule 8.130(a)(2) has been accepted, to the circuit court

Category: Juvenile Procedure

Florida Bar

536 So. 2d 178, 1988 Fla. LEXIS 1480, 1988 WL 143330

Supreme Court of Florida | Filed: Aug 25, 1988 | Docket: 64639473

Published

adjudication is withheld, or-when-a-plan-under Rule 8,-130(a)(2) has- been-adopted, to the circuit court

Category: Juvenile Procedure

In the Interest of S.T.N. v. State

484 So. 2d 616, 11 Fla. L. Weekly 331, 1986 Fla. App. LEXIS 6182

District Court of Appeal of Florida | Filed: Feb 5, 1986 | Docket: 64617872

Published

Accordingly, we resume jurisdiction. Pursuant to Rule 8.130(b)(3), Fla.R. Juv.P., defense counsel filed a

Category: Juvenile Procedure

D.K.D. v. State

470 So. 2d 1387, 10 Fla. L. Weekly 304, 1985 Fla. LEXIS 3460

Supreme Court of Florida | Filed: Jun 6, 1985 | Docket: 64612637

Published

this argument is without merit because juvenile rule 8.130(b)(2) contains no such provision for a traverse

Category: Juvenile Procedure

D.K.D. v. State

440 So. 2d 468, 1983 Fla. App. LEXIS 23566

District Court of Appeal of Florida | Filed: Nov 3, 1983 | Docket: 64600593

Published

Florida Rules of Juvenile Procedure are applicable, Rule 8.130(b)(2), Florida Rules of Juvenile Procedure provides

Category: Juvenile Procedure

State v. Lisak

409 So. 2d 1149, 1982 Fla. App. LEXIS 19270

District Court of Appeal of Florida | Filed: Feb 12, 1982 | Docket: 64587967

Published

adjudicating the child to be a delinquent child ...” Rule 8.130 Fla.R.Juv.P. provides that at any hearing after

Category: Juvenile Procedure

In re Florida Rules of Juvenile Procedure

393 So. 2d 1077, 1980 Fla. LEXIS 4461

Supreme Court of Florida | Filed: Dec 24, 1980 | Docket: 64580377

Published

adjudication is withheld, or when a plan under Rule 8.130(a)(3) has been accepted, to the circuit court

Category: Juvenile Procedure

State v. J. T. S.

373 So. 2d 418, 1979 Fla. App. LEXIS 15219

District Court of Appeal of Florida | Filed: Jul 25, 1979 | Docket: 64571210

Published

Florida Rules of Juvenile Procedure are applicable, Rule 8.130(b)(2), Florida Rules of Juvenile Procedure provides

Category: Juvenile Procedure

Williamson v. State

369 So. 2d 660, 1979 Fla. App. LEXIS 14784

District Court of Appeal of Florida | Filed: Apr 11, 1979 | Docket: 64569618

Published

one prescribed by the statute. *661Pursuant to Rule 8.130(a)(3), Florida Rules of Juvenile Procedure, appellant

Category: Juvenile Procedure

Florida Bar

345 So. 2d 655, 1977 Fla. LEXIS 4095

Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 64558421

Published

adjudication is withheld, or when a plan under Rule 8.130(a)(3) has been accepted, to the circuit court

Category: Juvenile Procedure

State v. Garrett

310 So. 2d 751, 1975 Fla. App. LEXIS 14072

District Court of Appeal of Florida | Filed: Mar 7, 1975 | Docket: 64545566

Published

) and for proceedings in the Juvenile Court (Rule 8.130 R.J.P.) 9. The rule of judicial construction

Category: Juvenile Procedure

In re Transition Rule II

270 So. 2d 715, 1972 Fla. LEXIS 3176

Supreme Court of Florida | Filed: Dec 20, 1972 | Docket: 64529406

Published

Department of Health and Rehabilitative Services. RULE 8.130. RECORD A record of the testimony in all hearings

Category: Juvenile Procedure