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What if I withdraw a motion?

Key Biscayne, FL |

I made a motion for rehearing of a summary judgment. Actually, it was a partial summary judgment that was mischaracterized in the order as a "final summary judgment". This mischaracterization is, of course, one of the things I want to object to. Anyway, I made a motion for rehearing, and now I want to change it and refile it in a few days. One of the reasons for this is that I want a few days to file some other motions before the judge denies this motion for rehearing, which is what I think will happen. Of course, I intend to file an amended motion for rehearing before the 10 day limit. My question is if I file a notice of withdrawing the motion for rehearing, do I even have the right to refile, or this the withdrawal considered a relinquishment of the right to request a rehearing?

Attorney Answers 2


  1. I agree with my colleague. You need to actually bite the bullet and pay for an actual consultation with an attorney.

    Scott,Harris,Bryan,Barra&Jorgensen,P.A.: (561)624-3900: sbbull@scott-harris.com. This response is not intended to create, nor does it create an ongoing duty to respond to questions. This response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed. The response is given for informational purposes only based upon the limited facts set forth in the question. To the extent additional or different facts are presented, the response might change.