VANESSA COHN
v.
FRANCESCO B. MUTTI, INDIVIDUALLY AND AS TRUSTEE OF THE MONA OLOFFSON TRUST
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A judgment granting affirmative relief not requested in the pleadings and not tried by consent is void and must be vacated, unless the court provides notice under Florida Rule of Civil Procedure 1.510(f).
[1] A trial court may not grant affirmative relief not requested in the pleadings or tried by consent unless it provides notice to the parties under Florida Rule of Civil Pro…
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Join FLexlaw to unlock all legal intelligence“a judgment granting relief not requested in the pleadings is void and should be vacated”
Court citing Bank of N.Y. Mellon v. Reyes, 126 So. 3d 304, 309 (Fla. 3d DCA 2013)
Vanessa Cohn appealed a circuit court's order that partially granted summary judgment for specific performance and awarded partial ownership of proper…
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vacated). The circuit court awarded partial ownership of the property to each party, something neither party sought.1 Based on our conclusion on the first issue, we need not address Cohn’s argument regarding the election of remedies. However, on the record before us, we affirm the circuit court’s denial of Cohn’s motion for summary judgment. We reverse the circuit court’s summary judgment order and remand for further proceedings. Reversed and remanded. KLINGENSMITH, C.J., KUNTZ and ARTAU, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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Citator
Authorities Cited
- The Bank OF NEW York Mellon under Novastar Mortg. Funding Tr. v. Reyes, 126 So. 3d 304 (Fla. 3d DCA 2013)