ALLSTATE INSURANCE COMPANY, APPELLANT,
v.
BHOODRAM RAMJIT AND ETHEL RAMJIT, APPELLEES
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Allstate Insurance Company appealed an order granting relief from judgment that reinstated a dismissed Hurricane Andrew insurance claim. The court reversed, holding that a trial court's erroneous dismissal for discovery noncompliance does not constitute a 'mistake' under Florida Rule of Civil Procedure 1.540(b) and must be challenged through timely motions for rehearing or appeal, not post-judgment relief motions.
No. A judicial error such as a mistaken view of the law or fact regarding a party's discovery compliance does not qualify as a 'mistake' under Rule 1.540(b)(1). Parties have adequate remedies through timely motions for rehearing or appeal and cannot use Rule 1.540 motions to challenge such errors.
[1] A factual mistake in a complaint, such as an incorrect date of injury, may constitute grounds for relief from judgment under Florida Rule of Civil Procedure 1.540(b)(1).
[2] Relief from judgment under Florida Rule of Civil Procedure 1.540(b)(1) is available for mistakes resulting from oversight, neglect, or accident.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Mistakes which result from oversight, neglect or accident are subject to correction under rule 1.540(b)(1). However, judicial error such as a 'mistaken view of the law' is not one of the circumstances contemplated by the rule.”
Establishes the distinction between correctable mistakes and non-correctable judicial errors for purposes of Rule 1.540(b)
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Join FLexlaw to unlock all legal intelligenceBhoodram and Ethel Ramjit sued Allstate regarding a Hurricane Andrew insurance claim. On March 1, 2000, the trial court dismissed the case for the pla…
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PER CURIAM.
Allstate Insurance Company appeals an order granting relief from judgment. We conclude that the order must be reversed.
Bhoodram Ramjit and Ethel Ramjit filed suit against their insurer, Allstate Insurance Company, regarding a Hurricane Andrew claim. On March 1, 2000, the trial court dismissed the case for failure of plaintiffs to provide discovery. Plaintiffs did not move for rehearing, or appeal.
Six months later, in August 2000, plaintiffs filed a motion to vacate the dismissal, contending that the plaintiffs had, in fact, complied with the insurer’s discovery requests. The trial court granted the motion to vacate, and reinstated the case. The insurer has appealed,
The plaintiffs’ motion to vacate the dismissal order was, in substance, a motion for relief from judgment under Florida Rule of Civil Procedure 1.540. The plaintiffs argue that Rule 1.540(b) authorizes relief from judgment where there has been a “mistake.” Fla. R. Civ. P. 1.540(b)(1). Plaintiffs urge that there was a “mistake” in this case. Plaintiffs contend that the trial court misapprehended the state of the record and that the plaintiffs were in compliance, or substantial compliance, with the outstanding discovery requests.
Unfortunately, this type of error does not qualify as a “mistake” for purposes of Rule 1.540(b). As stated in Curbelo v. Ullman, 571 So. 2d 443 (Fla.1990), “Mistakes which result from oversight, neglect or accident are subject to correction under rule 1.540(b)(1). However, judicial error such as a ‘mistaken view of the law1 is not one of the circumstances contemplated by the rule.” Id. at 445 (citations omitted); see also Masot v. Hoteles Doral, C.A., 645 So. 2d 184, 185 (Fla. 3d DCA 1994). As the Curbelo court explained, “Curbelo had notice of the proceedings and had ample time to move for a new trial or file a notice of appeal. As long as Curbelo had these regular avenues of relief available to him, he was not denied due process.” 571 So. 2d at 445 (citations omitted). Similarly here, the plaintiffs’ remedy was to file a timely motion for rehearing, or appeal. A Rule 1.540 motion was not available under these circumstances.
Accordingly, we have no alternative but to reverse the order now under review.
Reversed.
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Stavros Moforis v. Moforis, 977 So. 2d 786 (Fla. 4th DCA 2008)…gment pursuant to Florida Rule of Civil Procedure 1.530, or by appellate review.” See also Curbelo v. Ullman, 571 So. 2d 443, 445 (Fla.1990); Paladin Props. v. Family Inv. Enters., 952 So. 2d 560, 562 (Fla. 2d DCA 2007); Allstate Ins. Co. v. Ramjit, 788 So. 2d 402, 403 (Fla. 3d DCA 2001); Aoun v. Aoun, 428 So. 2d 707, 708 (Fla. 3d DCA 1983); Barrios v. Draper & Indus. Fire & Cas. Co., 423 So. 2d 1002, 1003 (Fla. 3d DCA 1982); Fiber Crete Homes, Inc. v. Div. of Admin., Dep’t of Transp., 315 So. 2d 492, 493 (Fl…
Authorities Cited
- Arnaldo Curbelo, M.D. v. Ullman, 571 So. 2d 443 (Fla. 1990)
- Masot v. Hoteles Doral, 645 So. 2d 184 (Fla. 3d DCA 1994)