Reconsideration of Matters by a New Judge

1
Reconsideration of Matters by a New Judge

• John Foster and Jonathan Simon

2
Rule 2.330(h)

• (h) Prior Rulings. Prior factual or legal rulings
  by a disqualified judge may be reconsidered and
  vacated or amended by a successor judge based
  upon a motion for reconsideration, which must be
  filed within 20 days of the order of
  disqualification, unless good cause is shown for
  a delay in moving for reconsideration or other
  grounds for reconsideration exist.

3
What Orders May Be Reconsidered?

• ANY Order or Factual Findings MAY be reconsidered
  by the successor Judge. Southern Coatings, Inc.
  v. City of Tamarac Fernwoods Condo. Assn 2 v.
  Alfonso.
• A judge who has rendered an oral ruling but is
  subsequently recused, still retains the right to
  enter a written order (ministerial function). Id.

4
Is a hearing required on a motion for
reconsideration?

• There is no right to a hearing on a Motion for
  Reconsideration. A successor judge may deny the
  motion without a hearing. (As the petitioners
  were not entitled as a matter of right to a
  hearing on each motion, mandamus relief is not
  appropriate, Rath.)
• If the Judge agrees to reconsider a prior ruling,
  the Judge shall set a hearing and notice all
  parties.

5
Does Section 38 of the Florida Statutes Create an
Automatic Right to Reconsideration?

• NO!
• Rath v. Network Mktg, L.C.
• The petitioners claim that they are entitled to
  reconsideration of prior rulings by the recused
  judge as a matter of right, citing to section
  38.07, Florida Statutes. However, that statute
  applies only to orders for disqualification
  under sections 38.02 or 38.05, dealing with
  disqualification due to consanguinity, not for
  bias or prejudice.