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STATE OF FLORIDA

[dca] DISTRICT COURT OF APPEALS

[plfName]	)
Appellant	)
)	Case No.: [caseNo]
v.	)	LT No. (FCHR): [caseNoF]
)	LT No. (DOAH): [daseNoD]
[defName]	)
Appellee	)

APPELLANT’S MOTION FOR REHEARING

Appellant, [plfName], on this [d] day of [MMM] [YYYY], respectfully moves this Court to rehear the decision it rendered on [MMMrndr] [Drndr], [YYYYrndr]. Appellant proffers the following in good faith, with gratitude, and only on the grounds permitted by Rule 9.330 Fla. R. App. P..

Key Points:

Grounds	Misapprehended/Overlooked Fact/Law.

No Argument	This motion does not re-argue the merits

Precedence	Florida DCAs have granted similar motions

Table of Contents:

Context	2nd Page
Motion	3rd Page
Certificates	5th Page
Exhibits	6th Page
Affidavits	8th Page

Background:	This Court issued an opinion
Problem:	The opinion was based on an important error
Request:	Court grants a rehearing of the appellate case

9.330 | Fla R. App. P. | Rehearing

“...A motion for rehearing shall state with particularity the points of law or fact that, in the opinion of the movant, the court has overlooked or misapprehended in its decision, and shall not present issues not previously raised in the proceeding.”

Stetson Law Review | Motion Practice in Florida Appellate Courts

“A motion for rehearing must address some error or omission in the resolution of an issue previously presented in the main argument.”

Whipple v State, 431 So. 2d 2011 (Fla. 2d DCA 1983)

“...[We recommend careful review of Green] prior to filing a motion for rehearing. We subscribe to [Green] and urge counsel to file a motion only where careful analysis indicates a point of law or a fact which the court has overlooked or misapprehended...”

Precedence

Case No. 1D10-3881	- 1DCA (6/24/11)

Case No. 1D10-5645	- 1DCA (3/3/11)

Case No. 4D06-2992	- 4DCA (10/24/07)

Case No. 5D05-0571	- 5DCA (6/16/06)

Case No. 5D09-0088	- 5DCA (12/13/10)

Florida Appellate courts have granted similar motions

Abbreviations

DCA	District Court of Appeal (Florida)
LT	Lower Tribunal

MOTION

Preface

Appellant will not re-argue his points on appeal. Nor will he present any argument that was not previously proffered. Rather, Appellant's motion merely points out a fundamental, misapprehended point in this Honorable Court's rendered opinion (hereinafter “The Opinion”).

Brief Recitation of Facts, History, Procedure

The Opinion stated that [explainFalsehood].

This, unfortunately, is not true.

The record shows that [explainTruth].

Rehearing

This difference created a harmful error, because The Opinion was based on that falsehood.

Appellant asserts that this Court overlooked/misapprehended this error; and contends that - without it – it is reasonably probable that The Opinion’s outcome would have been different.

In Jackson v NICA (5D05-0571), the Fifth DCA granted rehearing upon recognizing that it erred in reading the record. An act identical to the instant act; thereby lending precedence for Appellant’s requested relief.1/

Therefore – and since Appellant is merely pointing out this error – this Court has good reason to grant rehearing:

“The sole and only purpose of a petition for rehearing is to call to the attention of the court some fact, precedent or rule of law which the court has overlooked in rendering its decision.”

State v. Green, 105 So.2d 817 (1DCA 1958)

“Counsel should not use [a motion for rehearing] as a vehicle to reargue the merits of the court's decision or to express displeasure with its judgment.”

Whipple v State, 431 So. 2d 2011 (2DCA 1983)

Rehearing en Banc

On account of the fundamental principles of law at play here, Appellant also believes a re-hearing en banc is appropriate (see Affidavit). Appellant files this request in good faith.

CONCLUSION

WHEREFORE, based upon the foregoing, Appellant respectfully asks this Honorable Court to Rehear the Issues-on-Appeal (pursuant to Rule 9.330(a) Fla. R. App. P.).

Dated this [d] day of [MMM] [YYYY].

Respectfully submitted,

/s/ [plfName]

[plfName], Appellant

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

CERTIFICATE OF COMPLIANCE

I certify that the size and style of type used in this document is Times New Roman 14-point Font (caption) and Courier New 12-point Font (contents); thus complying with the font requirements of Rule 9.210(a)(2) Fla. R. App. P.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D] day of [MMM] [YYYY], I electronically filed the foregoing with the Clerk of Courts by using its online filing page. I also emailed it to the attached service list.

/s/ [plfName]

Endnotes:

1/ NICA = Florida’s Birth-Related Neurological Injury Compensation Association. See the motion (4/18/06) and the second authored opinion (6/16/06).

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Motions/Rehearing

SERVICE LIST

[defAtt], Esquire ([barNum]) E: [defEml] P: [defPhn] (appellee’s counsel)
[clrkNm], Agency Clerk [clrkEml]@fchr.myflorida.com Florida Commission on Human Relations Room 110 4075 Esplanade Way Tallahassee, Florida 32399-7020 (agency)

EXHIBIT A

[dsrptnA]

AFFIDAVIT

STATE OF FLORIDA

[dca] DISTRICT COURT OF APPEALS

[plfName]	)
Appellate	)
)	Case No.: [caseNo]
v.	)	LT No. (FCHR): [caseNoF]
)	LT No. (DOAH): [daseNoD]
[defName]	)
Appellee	)

APPELLANT’S AFFIDAVIT IN SUPPORT OF APPELLANT’S MOTION FOR REHEARING

The affiant, [plfName], swears or affirms as follows:

Background

I am over the age of eighteen (18).

I am a party in the above-captioned case.

This affidavit is made in good faith.

Familiarity

I have read the Internal Operating Procedures, the Florida Rules of Civil Procedure, the Florida Rules of Civil Procedure, and much more.

The information in this affidavit is based on my own personal knowledge.

Requisite Statements | Rule 9.331(d)(2) Fla. R. App. P.

I express a belief – based on a reasoned and studied judgment – that the issue I’ve presented to this Court is of exceptional importance.

I express a belief – based on a reasoned and studied judgment – that the panel decision is contrary to the following decisions from authoritative courts of law:

[citeA];

[citeB]; and

[citeC]

Moreover, I express a belief – based on a reasoned and studied judgment – that a consideration by the full court is necessary to maintain uniformity of decisions in this court.

I say this because this Court’s opinion conflicts with the heart of the aforementioned cases.

Request

[May this Court please grant Appellant a rehearing en banc.

Verification Under Oath Pursuant to §92.525(1)(c) (see 28 USC §1746)

I declare under penalty of perjury that the foregoing is true and correct. Executed on this [DD]th day of [MMMM] [YYYY].

UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF [countyNm]	[dtSigned]
[plfName], Appellant/Affiant

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