Reconsideration or Rehearing: Is There a Difference?

James Wyman explains in the most recent edition of the Florida Bar Journal that: “while the rules of civil procedure themselves do not authorize motions for rehearing directed to nonfinal orders, a trial court does have the inherent authority to reconsider and alter or retract such orders prior to the entry of final judgment. Rather than constituting a motion for rehearing under Rule 1.530, a motion directed to a nonfinal order is actually a “motion for reconsideration” based upon this inherent and discretionary authority of the trial court.6 Despite this distinct and well-established basis for reconsideration of interlocutory orders, there still exists confusion among many practitioners about the differences between reconsideration and rehearing.”