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Does a motion for reconsideration toll time to file notice of appeal? This is a federal civil case.

Odessa, FL |

A summary judgment order is being appealed.

Attorney Answers 2


  1. Best answer

    Yes - under FRAP 4(a)(4) IF the motion is one under FRCP 52(b), 59 or 60 (special rules apply re 60). Note that there is technically not a "thing" called a motion for reconsideration in the federal rules (unless you have a special case under Florida Local Rules). The motions listed above have much more technical and restrictive requirements than simply asking to reconsider.
    Good luck.

    The above is general legal and business analysis. It is not legal advice but analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in Nevada. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  2. Only if it is timely.

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