61B-45.044. Motions for Rehearing  


Effective on Sunday, July 4, 2004
  • 1(1) A motion for rehearing may be filed within 15 days after the date of entry of the final order. The motion shall state with particularity the points of law or fact that the arbitrator has overlooked or misapprehended and shall not reargue the merits of the final order. Any response to the motion must be filed within 10 days of service of the motion.

    66(2) The arbitrator shall not modify the substance of the final order except upon a showing that the decision is based on a clear error of law or fact. A motion that is timely filed pursuant to this rule shall suspend the operation of the final order, and the time for filing a complaint for trial de novo, a motion seeking to recover prevailing party costs and attorney’s fees, or a petition for enforcement under Sections 142718.1255 143and 144719.1255, F.S., 146shall not commence until the arbitrator either denies the motion or enters an amended final order. An untimely filed motion for rehearing does not toll or otherwise stop the time provided for the filing of a motion for prevailing party costs and attorney’s fees or the time provided for the filing of a petition for trial de novo in the courts.

    207Specific Authority 209718.1255, 210719.1255 FS. 212Law Implemented 214718.1255, 215719.1255 FS. 217History–New 4-1-92, Amended 2-2-93, Formerly 7D-45.044, Amended 9-21-94, 6-19-96, 7-4-04.

     

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