RALPH N. PILZ, APPELLANT,
v.
LENORA LYNN PILZ, APPELLEE
[*592] PER CURIAM.
Ralph N. Pilz appeals from an order of the trial court setting aside a final judgment of dissolution of marriage pursuant to a motion filed under Florida Rule of Civil Procedure 1.540(b). We reverse.
The appellee’s petition to set aside the final judgment was filed more than one year after its rendition. Under Florida Rule of Civil Procedure 1.540(b), the court did not have jurisdiction to entertain the motion. Appellee’s motion to set aside the judgment contained no allegations, nor did the trial court in its order make any findings that would constitute fraud upon the court so as to negate the one-year limitation of rule 1.540(b).
This cause is remanded for treatment consistent herewith.
SCHEB, C. J., and RYDER and CAMPBELL, JJ., concur.
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Pruitt v. Brock, 437 So. 2d 768 (Fla. 1st DCA 1983)…this matter. Rule 1.540(b) provides that the court may entertain an independent action to relieve a party from a judgment, decree or order for fraud upon the court at any time. See Lewis v. Mack, 411 So. 2d 933, 934 (Fla. 2d DCA 1982); Pilz v. Pilz, 395 So. 2d 591 (Fla. 2d DCA 1981); Massey, Civil Procedure, 28 U.Miami L.Rev. 257, 328 (1974). Pruitt, therefore, could have filed an independent action based upon allegations of fraud upon the court notwithstanding the otherwise applicable one-year time limit imp…
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Pamela M. Lewis & the Fla. Dep't of Health & Rehabilitative Servs. v. Sammuel Mack, 411 So. 2d 933 (Fla. 2d DCA 1982)…PER CURIAM. Reversed. The trial court did not have jurisdiction when it set aside a final judgment of paternity more than one year after its rendition absent fraud upon the court. Florida Rule of Civil Procedure 1.540(b); Pilz v. Pilz, 395 So. 2d 591 (Fla. 2d DCA 1981). The court was not authorized to reopen proceedings and relitigate matters previously finally resolved Johnson v. Johnson, 395 So. 2d 640 (Fla. 2d DCA 1981). Moreover, when a final judgment has been rendered, a second judge may no…
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Aqua Life Corp. v. Reyes, 160 So. 3d 117 (Fla. 3d DCA 2015)…rt the granting of such relief. Therefore, the trial court’s order vacating the dismissal, as well as all orders entered subsequent thereto,3 must be quashed as the trial [*119] court was without jurisdiction to enter those orders. See Pilz v. Pilz, 395 So. 2d 591 (Fla. 2d DCA 1981). See also Smith-Adam v. Komer, 673 So. 2d 991, 992 (Fla. 4th DCA 1996) (holding that “[o]nce a judgment becomes final, it can only be modified by a proper independent action or by an authorized motion under Florida Rule of Civil P…
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