CAROL D. ROBINSON AND STATE OF FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANTS,
v.
KERMIT HENRY MCNAIR, APPELLEE
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The court reversed the lower court's order granting relief from a final child support judgment because the motion to alter or amend was filed more than ten days after entry of judgment, violating Florida Rule of Civil Procedure 1.530(g).
A motion to alter or amend a judgment must be filed within ten days of entry, and the lower court erred in granting relief when the motion was filed after this deadline and no basis for relief under Rule 1.540 was pleaded.
[1] A motion to alter or amend a judgment must be served within ten days of entry of judgment under Florida Rule of Civil Procedure 1.530(g), and the only exception to this r…
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Join FLexlaw to unlock all legal intelligence“A motion to alter or amend the judgment shall be served not later than ten days after entry of the judgment except that this rule does not affect the remedies in Rule 1.540(b).”
Statement of the controlling rule from Florida Rule of Civil Procedure 1.530(g)
The lower court awarded child support in a specific amount. More than ten days after entry of this judgment, appellee filed a pleading requesting reli…
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RYDER, Judge.
The appellants ask us to review an order of the lower court granting relief from a final judgment relating to child support based upon a pleading filed more than ten days subsequent to a final judgment awarding child support in an amount certain.
Appellants assert that Florida Rule of Civil Procedure 1.530 bars rehearing as appellee’s request was filed after the expiration of the ten-day period following the entry of the lower court’s order. We agree and reverse. See Meyer v. Meyer, 525 So. 2d 462 (Fla. 4th DCA 1988); St. Cloud Utilities v. Moore, 410 So. 2d 973 (Fla. 5th DCA 1982); Frumkes v. Frumkes, 328 So. 2d 34 (Fla. 3d DCA 1976).
Florida Rule of Civil Procedure 1.530(g) states:
Motion to Alter or Amend a Judgment. A motion to alter or amend the judgment shall be served not later than ten days after entry of the judgment except that this rule does not affect the remedies in Rule 1.540(b).
As stated within the foregoing rule, the only exception thereto is the relief contemplated in Florida Rule of Civil Procedure 1.540. Appellee pleaded no basis for and submitted no evidence upon which the lower court could have fashioned relief for appellee under rule 1.540, thus, the lower court erred in granting relief from judgment.
We reverse and remand this matter to the lower court with instructions to strike its order of September 7, 1989 and to reinstate its June 8, 1989 order and judgment.
Reversed and remanded with instructions.
SCHEB, A.C.J., and FRANK, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Madden, 672 So. 2d 67 (Fla. 2d DCA 1996)…isdiction to rehear the matter pursuant to Florida Rule of Civil Procedure 1.530, inasmuch as Mir. Madden filed his letter requesting modification after the ten-day period following the entry of the court’s order had expired. See Robinson v. McNair, 567 So. 2d 538 (Fla. 2d DCA 1990). As in Robinson, Mr. Madden did not plead any basis for or submit any evidence upon which the lower court could have granted relief under Florida Rule of Civil Procedure 1.540. The record simply reflects that Mr. Madden did not at…
Authorities Cited
- Melvyn B. Frumkes v. Frumkes, 328 So. 2d 34 (Fla. 3d DCA 1976)
- Meyer v. Meyer, 525 So. 2d 462 (Fla. 4th DCA 1988)
- ST. Cloud Utils. v. Erick S. Moore, 410 So. 2d 973 (Fla. 5th DCA 1982)