SHERRIL KALMAN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF EDWARD KALMAN, DECEASED, APPELLANT,
v.
PASCO-HERNANDO SURGICAL ASSOCIATES, P.L., APPELLEE
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The appellate court affirmed the trial court's vacation of a judgment against a surgical associates firm based on the firm's counsel's failure to timely file a motion for trial de novo after nonbinding arbitration, finding the omission resulted from mistake and inadvertence warranting relief under Rule 1.540.
A trial court has jurisdiction under Florida Rule of Civil Procedure 1.540 to vacate a judgment entered against a party who failed to timely file a motion for trial de novo after nonbinding arbitration when the omission resulted from mistake and inadvertence.
[1] A trial court has jurisdiction under Florida Rule of Civil Procedure 1.540 to grant relief from a judgment entered against a party who failed to timely file a motion for…
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Join FLexlaw to unlock all legal intelligenceAfter nonbinding arbitration, PHSA failed to file a motion for trial de novo within twenty days as required by Florida Rule of Civil Procedure 1.820(h…
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WALLACE, Judge.
The trial court vacated a judgment that had been entered in favor of Sherril Kal-man, individually, and as Personal Representative of the Estate of Edward Kalman, deceased, and against Pasco-Hernando Surgical Associates, P.L. (PHSA), in the amount of $644,359.72. The judgment was entered after PHSA failed to file a motion for trial in accordance with Florida Rule of Civil Procedure 1.820(h) within twenty days of the service of an arbitrator’s decision in a nonbinding arbitration. See § 44.103(5), Fla. Stat. (2005). Ms. Kalman appeals the trial court’s order that vacated the judgment.
We reject Ms. Kalman’s argument that the trial court did not have jurisdiction to grant PHSA relief from the judgment under Florida Rule of Civil Procedure 1.540. See Preferred Mut. Ins. Co. v. Davis, 629 So. 2d 259, 260 (Fla. 4th DCA 1993). In addition, the trial court’s finding that the omission by PHSA’s counsel to timely serve a motion for trial de novo resulted from mistake and inadvertence is amply supported by competent substantial evidence in the record. Ms. Kalman has failed to establish that the trial court grossly abused its discretion in deciding to grant PHSA relief from the substantial adverse judgment. See Geer v. Jacobsen, 880 So. 2d 717, 720 (Fla. 2d DCA 2004); Halpern v. Houser, 949 So. 2d 1155, 1157 (Fla. 4th DCA 2007). For these reasons, we affirm the trial court’s order. Affirmed.
WHATLEY and KELLY, JJ„ Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Suntrust Bank v. Hodges, 12 So. 3d 1278 (Fla. 4th DCA 2009)…le a motion to vacate judgment under rule 1.540(a), Florida Rules of Civil Procedure. Preferred Mut. Ins. Co. v. Davis, 629 So. 2d 259, 260 (Fla. 4th DCA 1993).2 Halpern, 949 So. 2d at 1157. See also Kalman v. Pasco-Hernando Surgical Assocs., P.L., 974 So. 2d 1219, 1219 (Fla. 2d DCA 2008). However, in Intercoastal Marina Towers, Inc. v. Suburban Bank, 506 So. 2d 1177 (Fla. 4th DCA 1987), this court held: However, although appellants filed a timely motion for rehearing and the court actually considered it, th…
Authorities Cited
- Geer v. David Neal Jacobsen, Brian James Almengual, & Almengual & Warner, P.A., 880 So. 2d 717 (Fla. 2d DCA 2004)
- Jennifer Denise Halpern, M.D. v. Houser, 949 So. 2d 1155 (Fla. 4th DCA 2007)
- Preferred Mut. Ins. Co. v. Davis, 629 So. 2d 259 (Fla. 4th DCA 1993)