LYDIA PENALBA, APPELLANT,
v.
LOUIE PENALBA, APPELLEE
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The trial court lacked jurisdiction to vacate a final judgment on its own initiative more than ten days after its entry.
The trial court entered a final judgment dissolving a marriage, later vacated it sua sponte, and then denied a motion to vacate. The wife appealed the…
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PER CURIAM.
Lydia Penalba appeals from an order by which the trial court, sua sponte, vacated its final judgment adopting the report of the general master in a dissolution of marriage proceeding. For the following reasons, we reverse.
On July 9, 1992, the trial court entered a final judgment dissolving the parties’ marriage and adopting the report of the general master, which had been filed June 15, 1992. On July 16, the husband served exceptions to the report and moved to vacate the final judgment. On September 8, 1992, the trial court overruled the exceptions and denied the motion to vacate. On September 24, the trial court, on its own initiative, vacated the final judgment of July 9 and its order of September 8 overruling the husband’s exceptions to the general master’s report.
The trial court lacked jurisdiction to vacate the final judgment. Fla.R.Civ.P. 1.530 provides that “[n]ot later than 10 days after entry of judgment or within the time of ruling on a timely motion for rehearing ... the court of its own initiative may order a rehearing or a new trial.” The order was not timely, and therefore cannot stand. See Kirby v. Speight, 217 So. 2d 871 (Fla. 1st DCA 1969) (on its own motion, court could not modify order after ten-day period specified by Fla.R.Civ.P. 1.530 had elapsed).
Reversed and remanded with instructions to reinstate the final judgment.
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Leisuris R. Galvez v. Ramos, 941 So. 2d 475 (Fla. 3d DCA 2006)…e 1.530(b), a motion for rehearing must be served within ten days after the date judgment was filed. If not, the court lacks authority to grant rehearing. See Audi v. Federal Nat. Mortg. Ass’n, 685 So. 2d 102 (Fla. 4th DCA 1997); Penalba v. Penalba, 616 So. 2d 165 (Fla. 3d DCA 1993). Ramos was required to serve his Motion for Rehearing within the ten days afforded under Florida Rule of Civil Procedure 1.530(b). He did not do this, and thus, the trial court lacked jurisdiction to entertain his motion. Ramos i…
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Corvette Country, Inc. v. Carlo Leonardo, 997 So. 2d 1272 (Fla. 4th DCA 2009)…zo Trucking Corp. v. West, 974 So. 2d 627, 628 (Fla. 4th DCA 2008) (noting that if “the trial court intended to reverse itself on the motion to vacate the default judgment, it had to do so within ten days of the original order”); Penalba v. Penalba, 616 So. 2d 165, 166 (Fla. 3d DCA 1993) (holding that the trial court lacked jurisdiction to vacate the final judgment more than ten days after entry of the judgment and the ruling on the timely motion for rehearing); Kirby v. Speight, 217 So. 2d 871, 872 (Fla. 1st…
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Cflb Mgmt., LLC v. Diamond Blue Int'l, Inc., 318 So. 3d 589 (Fla. 3d DCA 2021)…which reads as follows: ORDERED AND ADJUDGED that the Motion is DENIED. Defendant did not appeal the June 20, 2019 Attorney’s Fees Judgment. The Court further finds that it lacks jurisdiction to consider the Motion. See Penalba v. Penalba, 616 So. 2d 165 (Fla. 3d DCA 1993).[2] 2 In Penalba, this Court determined that the trial court lacks jurisdiction to grant rehearing, on its own initiative, beyond the time limit prescribed in 6 CFLB Management timely appeals this order. II. ANALYSIS…
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- Kirby v. Speight, 217 So. 2d 871 (Fla. 1st DCA 1969)