Equitable Relief From Judgment

37 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Southmark Props. & St. Charles Ave., Inc. v. The Charles House Corp.
  742 F.2d 862· 5th Cir.· 1984-09-28 ·cited 110×
  The court held that the appellants' counterclaim was barred by the doctrine of res judicata because the claims asserted were identical to those that could have been raised and determined in the prior bankruptcy reorganization proceedings. The court also affirmed the grant of summ
• Expeditions Unlimited Aquatic Enters., Inc. v. Smithsonian Inst.
  500 F.2d 808· D.C. Cir.· 1974-06-26 ·cited 46×
  A trial court may vacate and re-enter a judgment under Rule 60(b) to allow a timely appeal when neither party had actual notice of the judgment's entry, the winning party is not prejudiced, and the losing party moves promptly after learning of the judgment.
• Alva Ramey and Wanda L. Ramey v. Thomas
  382 So. 2d 78· Fla. 5th DCA· 1980-03-12 ·cited 35×
  The Florida appellate court reversed the trial court's adoption judgment and remanded the case because the paternal grandparents and their attorney failed to disclose material facts—including prior adoption proceedings, a negative family services report, and the maternal grandpar
• Fla. Patient's Comp. Fund v. Scherer
  558 So. 2d 411· Fla.· 1990-03-08 ·cited 25×
  The Florida Supreme Court addressed whether attorney's fees under section 768.56 apply to medical malpractice claims where the negligent act occurred before the statute's July 1, 1980 effective date but the plaintiff discovered the injury afterward. The Court held that the cause
• Wiladean R. Kuykendall v. Ervin G. Kuykendall
  301 So. 2d 466· Fla. 1st DCA· 1974-10-15 ·cited 22×
  In a dissolution of marriage case, the trial court vacated a final judgment that converted the parties' jointly-owned fish camp from tenancy by the entireties to tenancy in common. The appellate court reversed, holding that the appellee's mistaken understanding of the law and his
• Great Coastal Express, Inc. v. Int'l Bhd. OF Teamsters
  675 F.2d 1349· 4th Cir.· 1982-04-12 ·cited 21×
  The court held that the company's actions, while reprehensible, did not constitute "fraud on the court" or support an independent action in equity for relief from the judgment, as the fraud primarily involved perjury and fabricated evidence between the parties rather than a direc
• Barnett Bank OF Clearwater, N.A. v. Folsom
  306 So. 2d 186· Fla. 2d DCA· 1975-01-15 ·cited 18×
  Barnett Bank sought to enforce a judgment against Chester E. Johnson obtained through substituted service on his wife. The court held that compliance with Florida's substituted service statute is effective even when the defendant never actually received notice, rejecting the argu
• Merchs. & Mechanics Bank v. Sample
  98 Fla. 759· Fla.· 1929-10-23 ·cited 15×
  In this case involving a joint and several note, the Florida Supreme Court held that where a creditor obtains a judgment against only one of multiple joint obligors, that judgment—though erroneous—does not deprive the court of jurisdiction over co-obligors whose pleas remain undi
• City OF Clearwater v. United States Steel Corp. & U.S.S. Realty Dev.
  469 So. 2d 915· Fla. 2d DCA· 1985-05-24 ·cited 14×
  The City of Clearwater appealed the dismissal of its complaint seeking a declaratory judgment that it could rezone property owned by United States Steel. The court affirmed the dismissal on res judicata grounds, finding the declaratory judgment action was barred by a prior summar
• In re Innis. United Mercantile Agencies, Inc. v. Innis
  140 F.2d 479· 7th Cir.· 1944-02-18 ·cited 14×
  A bankruptcy discharge is a personal defense that must be affirmatively pleaded in a pending state court action; failure to do so, absent fraud or other equitable grounds, results in waiver of the defense and allows enforcement of a subsequent judgment.
• Bizzell v. Hemingway
  548 F.2d 505· 4th Cir.· 1977-02-03 ·cited 12×
  The district court had jurisdiction over claims against Hemingway and equitable jurisdiction over claims against Fairco, and the securities fraud claims were not barred by the statute of limitations.
• Sharpe v. Calabrese
  528 So. 2d 947· Fla. 5th DCA· 1988-07-14 ·cited 11×
  A judgment creditor ex-wife sought to foreclose a recorded money judgment lien against real property conveyed by the judgment debtor ex-husband to innocent third-party purchasers. The trial court denied foreclosure on equitable grounds, but the appellate court reversed, holding t
• Weitzman v. F.I.F. Consultants, Inc.
  468 So. 2d 1085· Fla. 3d DCA· 1985-05-14 ·cited 11×
  Weitzman sued to vacate a judgment against him that was originally obtained by his fraud perpetrator Stein's company. The court held that a judgment cannot be enforced by the wrongdoer who caused its entry, as this would reward the wrongdoer and penalize the victim, and vacated t
• Oliver v. City OF Shattuck ex rel. Versluis
  157 F.2d 150· 10th Cir.· 1946-08-22 ·cited 10×
  The court held that a trial court has the equitable power to grant relief from a judgment based on an alleged oral agreement, even if the motion is filed outside the strict time limits of Rule 60(b), provided the agreement, if proven, would prevent an unconscientious advantage.
• Josiah T. Budd v. Gamble
  13 Fla. 265· Fla.· 1869-01-01 ·cited 10×
  The court reversed a lower court's decision, holding that a party seeking to overturn a judgment based on an unauthorized attorney appearance must demonstrate not only the irregularity but also a meritorious defense, especially when a significant amount of time has passed and the
• Juras v. Aman Collection Serv., Inc.
  829 F.2d 739· 9th Cir.· 1987-09-30 ·cited 6×
  Withholding a student's transcript to secure repayment of a National Direct Student Loan (NDSL) violates the Fair Debt Collection Practices Act (FDCPA).
• Chas. Pfizer & Co., Inc. v. Davis-Edwards Pharmacal Corp.
  385 F.2d 533· 2d Cir.· 1967-11-20 ·cited 6×
  The court held that the district court did not err in refusing to vacate the consent judgment or in finding the appellant in contempt, as no fraud on the court occurred and the judgment remained equitable.
• Covington Indus., Inc. v. Resintex A. G. and Horst Susskind
  629 F.2d 730· 2d Cir.· 1980-06-23 ·cited 4×
  A New York district court can entertain a Rule 60(b) motion to vacate a registered Georgia federal court judgment if the Georgia court lacked in personam jurisdiction.
• Milgram v. LEE
  200 So. 2d 238· Fla. 3d DCA· 1967-05-31 ·cited 4×
  The court affirmed the final decree, finding no reversible error in the points raised on appeal.
• Huddleston v. Ohio River Co.
  328 F.2d 789· 3d Cir.· 1964-02-28 ·cited 4×
  The district court lacked federal jurisdiction to entertain an independent equitable action to invalidate a state court judgment obtained by fraud.
• Cordelia Hoey v. Jackson
  31 Fla. 541· Fla.· 1893-01-01 ·cited 4×
  This case clarifies that courts of equity will not grant relief against a legal judgment if the party seeking relief had an opportunity to present their defense at law but failed to do so due to their own negligence. The court emphasized that equitable relief is only available fo
• Hollingsworth v. Deutsche Bank Nat'l Tr. Co. for Morgan Stanley Abs Cap. 1 Inc. Tr. 2006-WMC2
  170 So. 3d 810· Fla. 1st DCA· 2015-01-20 ·cited 3×
  The court affirmed the denial of a motion to vacate a final judgment under Florida Rule of Civil Procedure 1.540(b) because the motion was untimely filed and did not satisfy the requirements for relief under subsection (b)(5).
• Haddock v. Wright
  25 Fla. 202· Fla.· 1889-01-01 ·cited 3×
  The Supreme Court of Florida affirmed a lower court's decision in an ejectment proceeding. The appellant, who claimed he was never served in a prior lawsuit, attempted to collaterally attack a judicial sale based on that prior lawsuit. The court held that after such a long period
• State v. Am. Bankers Ins. Co.
  558 So. 2d 539· Fla. 3d DCA· 1990-04-03 ·cited 2×
  The State of Florida appeals a trial court's decision to vacate a bail bond forfeiture judgment against American Bankers Insurance Company based on the surety's belated surrender of the defendant. The court reverses, holding that neither Florida's statutory provisions for belated
• City OF Clearwater v. United States Steel Corp.
  462 So. 2d 1171· Fla. 2d DCA· 1984-12-28 ·cited 2×
  The court held that the trial court did not err in denying the City's motion for relief from summary judgment.
• Owens v. United States
  177 F.2d 692· 10th Cir.· 1949-11-01 ·cited 2×
  The court held that the taxpayer's claims of fraud and conspiracy were barred by prior litigation and lacked evidentiary support.
• Earle B. Allison v. Handy Andy Cmty. Stores
  116 Fla. 574· Fla.· 1934-09-21 ·cited 2×
  In this appeal, the Florida Supreme Court affirmed the chancellor's orders allowing an amended bill of complaint and denying a motion to dismiss in an equity action. The amended bill alleged that a defendant obtained a default judgment against the complainant corporation through
• Franco v. Thomas
  251 So. 3d 325· Fla. 3d DCA· 2018-07-25 ·cited 1×
  Rule 1.540(b)(5) cannot be used to vacate a final judgment based on alleged legal error; a party challenging a judgment on legal grounds must seek timely rehearing or appeal, not relief under Rule 1.540.
• Yorty v. Eradio Abreu
  988 So. 2d 1155· Fla. 3d DCA· 2008-08-06 ·cited 1×
  The Tax Collector appeals the denial of motions to intervene and for relief from judgment in a property tax deed dispute. The court reverses, holding that the Tax Collector was a necessary party to the original litigation and should have been permitted to intervene, and that the
• Avery Dev. Corp. v. The Vill. BY THE SEA Condo. Apts., Inc.
  539 So. 2d 616· Fla. 4th DCA· 1989-03-22 ·cited 1×
  The appellate court affirmed the trial court's denial of a motion to dissolve a temporary injunction, finding a sufficient basis in the record for the injunction.
• In re Tr. under the Will of Carl Robert Wickman v. McGRAW
  289 So. 2d 788· Fla. 2d DCA· 1974-02-13 ·cited 1×
  The sons of Carl Robert Wickman appealed an order approving the trustees' accounting of a testamentary trust, alleging breach of fiduciary duty through improper asset valuations and distribution. The court reversed and remanded, holding that trustees have a fundamental duty of lo
• Fitzpatrick v. Meredith
  248 So. 3d 1251· Fla. 4th DCA· 2018-06-06
  A summary judgment on an indemnification cross-claim is premature when entered before liability is determined, and Rule 1.540(b)(5) provides equitable relief to set aside such a judgment when a subsequent jury verdict exonerates the indemnitee, even if the indemnitee's counsel di
• MacAr v. MacAr
  803 So. 2d 707· Fla.· 2001-12-06
  The Florida Supreme Court resolved a certified conflict regarding whether marital settlement agreements incorporated into final judgments after extensive litigation and discovery should be subject to challenge under Casto v. Casto standards or Florida Rule of Civil Procedure 1.54
• Huston v. Ladner
  973 F.2d 1564· Fed. Cir.· 1992-09-01
  The court held that the Board of Patent Appeals and Interferences did not abuse its discretion in refusing to consider additional evidence submitted by Huston because he failed to show good cause for not presenting it earlier. Ignorance of the rules or attorney negligence does no
• Mo. Pac. Transp. Co. v. Priest
  117 F.2d 32· 8th Cir.· 1941-01-31
  The court held that the plaintiff failed to prove fraud or conspiracy that would warrant equitable relief from a state court judgment, and that the federal court could not relitigate issues already determined in state court proceedings.
• Aetna Cas. & Sur. Co. v. McDougall Co.
  112 Fla. 408· Fla.· 1933-10-19
  Aetna Casualty & Surety Company sought equitable relief to enjoin enforcement of a judgment against it on a garnishment release bond, claiming the underlying judgment was void. The Florida Supreme Court held that because any defects in the underlying judgment would have been pate
• Laura C. Roxton (formerly Laura C. Rosenstone) v. Jabaly
  103 Fla. 1109· Fla.· 1932-01-06
  This case involves a lawsuit to collect on three promissory notes. The defendant filed an equitable plea arguing that paying the notes would cause hardship due to the circumstances of a property sale and subsequent foreclosure. The appellate court found the plea insufficient as b