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eBook details

• Title: Richard Bettez v. City Miami
• Author : Third District Court of Appeal of Florida
• Release Date : January 18, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

This is an appeal by the plaintiff Richard Bettez from an adverse final summary judgment entered below in a false arrest, false imprisonment, and malicious prosecution action. We affirm based on the following briefly stated legal analysis. First, we reject the plaintiff's contention that the trial court had no authority to entertain the defendant City of Miami's motion to reconsider the trial court's prior interlocutory ruling denying the defendant's motion for summary judgment, and to thereafter enter a summary judgment for the defendant. It is well settled in this state that a trial court has inherent authority to reconsider, as here, any of its interlocutory rulings prior to the entry of a final judgment or final order in the cause. The fact that the defendant mislabeled his motion as a motion for rehearing under Fla.R.Civ.P. 1.530 cannot change this result as the motion was, in substance, a proper motion for reconsideration. See Alabama Hotel Co. v. J.L. Mott Iron Works, 86 Fla. 608, 98 So. 825 (1924); Margulies v. Levy, 439 So.2d 336 (Fla. 3d DCA 1983); Nelson v. Cravero Constructors, Inc., 117 So.2d 764 (Fla. 3d DCA 1960); see also Commercial Garden Mall v. Success Academy, Inc., 453 So.2d 934 (Fla. 4th DCA 1984).

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