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The post below was published on Tuesday, January 18th, 2011 at 8:50 AM.

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Fifth District: Sanctionable Rehearing Motion. Oh.

After the Fifth District entered a per curiam affirmance without an opinion, the appellant in this case moved for rehearing.

The motion’s first paragraph simply stated, “Oh.”

The remainder of the motion requested rehearing and certification without explaining what the court overlooked and included scandalous, legally irrelevant assertions without record support. The appellees responded by moving for sanctions, to which the appellant responded by demanding that the appellees’ counsel be directed to appear before the court to explain how the appellant’s fact statements were improper.

The appellate court was not pleased. It issued a show cause order. The court emphasized that rehearing motions are not to be used to vent counsel’s frustrations with the form or substance of the court’s decision. The court also explained that rehearing motions are rarely warranted with respect to decisions without written opinions.

Note that the court denied the appellees’ motion for sanctions.

















































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