See Florida Rules of Appellate Procedure 9.330 and 9.331.Ī party who is unhappy with an appellate court’s decision or order can usually file a motion for rehearing and/or a motion for clarification, as long as certain requirements are met. Motions for rehearing, clarification, certification, written opinion, and rehearing en banc are the main types of post-decision motions. In some cases, the losing party may also have the right to seek further review of a written opinion by a higher court through a request for “certification.” In very rare cases, a party may be able to ask for “rehearing en banc,” meaning rehearing by all of the judges on that appellate court, not just the judges that decided the case. In a civil case, after the appellate court issues its opinion or decision, the losing party may have the right to ask the appellate court for rehearing or clarification of the court’s decision. Also, if the decision was “per curiam” without a written opinion, the losing party may, in limited circumstances, be able to ask the court to write an opinion. Such an order, which only affirms (or reverses) the decision of the lower tribunal without explaining the appellate court’s reasoning, is known as a per curiam affirmance (or “PCA”), or a “per curiam” reversal (or “PCR”). Once an appellate court makes a decision, it will issue a written ruling, also known as the court’s “ opinion” or “decision.” The appellate court’s ruling may be written in a “published opinion,” which explains the reasons for the appellate court’s decision, or it may be written only as an order, which affirms the decision of the lower tribunal without explanation.
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