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I Object! A Blog on Preservation of Error

I Object! A Blog on Preservation of Error


All Things Reconsidered: Getting It Right the First Time

All Things Reconsidered: Getting It Right the First Time

November 16, 2021

Litigation often offers multiple opportunities to inject an argument or an issue into a case. Pleadings, motions, and responses to motions allow parties to frame the issues. Unfortunately, there are times when an adverse ruling provides the spark that prompts a party to raise what might have been the winning argument, had it been raised earlier. Whether an argument raised for the first time on a motion for reconsideration is considered timely and — our focus here — preserved for appeal depends very much on case law, which may limit a party’s ability to raise new issues on a motion for reconsideration.

Editors

Sylvia H. Walbolt

Sylvia H. Walbolt

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813.229.4255

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Dean A. Morande

Dean A. Morande

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561.650.8014

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