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208 So. 3d 259·
Fla. 3d DCA·
2016-12-14
·cited 24×
De La Osa sought relief from a void dismissal order entered without notice under Florida Rule of Civil Procedure 1.540(b)(4). The Third District Court of Appeal, sitting en banc, held that the term "judgment" in Rule 1.540(b)(4) includes final "orders," reversing a panel decision
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812 So. 2d 576·
Fla. 3d DCA·
2002-04-03
·cited 12×
The court held that a liability insurer cannot be added as a party to a final tort judgment after that judgment has become final, as the relevant statute requires such joinder to occur at or before the entry of the original judgment.
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279 So. 3d 168·
Fla. 4th DCA·
2019-09-18
·cited 6×
Fast Funds, Inc. appeals a trial court's denial of its Rule 1.530 motion for reconsideration in a declaratory judgment action over equitable distribution of a bodily injury award. Fast Funds failed to appear at a September 24, 2018 hearing due to a clerical calendaring error and
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347 So. 3d 461·
Fla. 3d DCA·
2022-08-31
·cited 3×
The appellate court reversed final judgments against the plaintiffs, finding the trial court abused its discretion by denying their motions for continuance. The plaintiffs' counsel experienced a medical emergency, leaving them without adequate representation at critical stages of
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400 So. 3d 31·
Fla. 3d DCA·
2024-10-16
·cited 1×
A party waives strict compliance with Rule 1.440(c) when the party's counsel appears and participates at trial without objecting to how the case was set for trial. A challenge to the trial court's failure to make required findings of fact must be raised in a timely motion for reh
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321 So. 3d 237·
Fla. 4th DCA·
2021-05-19
·cited 1×
Where a responsive pleading is filed before default is entered, entry of default and any resulting final judgment is improper and must be vacated, regardless of whether excusable neglect or meritorious defense is established. A motion for rehearing under rule 1.530 is an appropri
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268 So. 3d 918·
Fla. 5th DCA·
2019-04-12
·cited 1×
Eric Redmond appeals the denial of his motion for relief from a foreclosure judgment, arguing he was denied due process due to insufficient notice of the hearing. The Florida District Court of Appeal, Fifth District affirms the trial court's denial, finding that although the noti
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Fla. 3d DCA·
2024-08-21
A trial court has jurisdiction to rule on a timely motion for rehearing filed by third-party purchasers in a foreclosure case because the underlying order sustaining objections to the foreclosure sale is final as to those third parties, and such a motion tolls rendition.
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Fla. 2d DCA·
2023-05-03
This case involves an appeal by Ashanda Finegan and Marcia Huff from a trial court's denial of their motions to vacate a final judgment in a foreclosure lawsuit. The appellate court dismissed the appeal as to Huff for lack of standing and affirmed the denial as to Finegan, findin
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Fla. 3d DCA·
2022-08-17
A motion under Florida Rule of Civil Procedure 1.540(b) to vacate an order is non-cognizable when a timely motion for rehearing has been filed but not yet adjudicated, as the rehearing motion tolls the finality of the order required for rule 1.540(b) relief.
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335 So. 3d 186·
Fla. 3d DCA·
2022-02-16
A trial court that retains jurisdiction to enforce a settlement agreement may only grant relief within the scope of that agreement's terms; awarding relief beyond the agreement's scope exceeds the court's reserved jurisdiction.
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Fla. 5th DCA·
2021-07-08
Athene Annuity & Life Assurance Company appealed a trial court order granting Teavana Holdings' motion for relief from judgment under Florida Rule 1.540(b), which vacated a final summary judgment of foreclosure. The appellate court reversed, holding that Teavana improperly used R
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Fla. 5th DCA·
2019-04-12
The trial court's denial of Redmond's motion for relief from final judgment was affirmed because Redmond failed to demonstrate excusable neglect for not filing an answer to the complaint and failed to show due diligence by waiting nearly seven months to seek relief. Although the