Foreclosure Defense Florida

The Tone and Tenor of This Appeal is Disparaging, Contemptuous to the Court


The purpose of a motion for rehearing is to direct the court to points of law or fact

that, in the opinion of the movant, the court overlooked or misapprehended in its opinion.
See Rule 9.330(a), Fla. R. App. P. It is not a vehicle through which “an unhappy litigant
or attorney [may] reargue the same points previously presented, or [] discuss the
bottomless depth of the displeasure that one might feel toward this judicial body as a
result of having unsuccessfully sought appellate relief.” Ayala v. Gonzalez, 984 So. 2d
523, 526 (Fla. 5th DCA 2008). Nevertheless, and despite the countless number of
appellate court decisions admonishing members of the bar against such abusive
practices, Appellants’ counsel in this case chose to file a 29-page motion, the tone and
tenor of which is, at best, disparaging, and at worst, contemptuous, rearguing the same
points previously raised in his briefs and discussed at oral argument.


5D13-3850.corr. op

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