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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.

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Attorney answers 2

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.

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Only if it is timely.

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Clifford M. Miller

Clifford M. Miller


Better look at Appellate Rule 4 and the rules it cites to see if the "Motion for Reconsideration" fits in one of the categories.

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