Motion For Relief From Judgment

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

• Aracely P. Cristobal and William Aday v. Universal Prop. & Cas. Ins. Co.
  357 So. 3d 736· Fla. 3d DCA· 2024-11-06 ·cited 2×
  The Florida District Court of Appeal dismissed an appeal challenging an order denying a motion to vacate a dismissal order where the homeowners failed to timely appeal the underlying order denying relief. The court held that a motion for rehearing does not toll the time to appeal
• Peaceful Paws Mem'l Servs. LLC v. Tarves
  368 So. 3d 503· Fla. 3d DCA· 2023-08-02 ·cited 2×
  The appellate court reversed a trial court's denial of a motion to quash service of process and vacate a default judgment. The court found that the service of a writ of garnishment on a limited liability company was improper because it did not comply with the specific statutory r
• Affenita v. Storfer
  355 So. 3d 440· Fla. 4th DCA· 2023-01-18 ·cited 2×
• Larkin v. Grutman
  312 So. 3d 494· Fla. 4th DCA· 2021-02-10 ·cited 2×
  A settlement agreement entered into by parties to a small claims case in exchange for appearing on The People's Court, which included arbitration by the show's judge and compensation from the show's producer, is not subject to relief under Florida Small Claims Rule 7.190(b) absen
• A.P.B. v. T.C.-M.
  315 So. 3d 106· Fla. 3d DCA· 2020-12-02 ·cited 2×
• Geraldo Linares v. Bank of Am., N.A.
  278 So. 3d 330· Fla. 3d DCA· 2019-09-04 ·cited 2×
  The appellate court affirmed the denial of a borrower's motion for relief from a foreclosure judgment. The borrower's motion, filed over two years after the judgment, was untimely under the relevant rule of civil procedure and also failed to establish that the judgment was void.
• Fultz v. State
  218 So. 3d 924· Fla. 3d DCA· 2016-07-27 ·cited 2×
  Phillip Fultz appealed the denial of his Florida Rule of Criminal Procedure 3.850 motion seeking relief from probation revocation on four grounds, including claims of ineffective assistance of counsel. The appellate court affirmed the trial court's denial, finding the record conc
• Storey v. Delfina P. Storey
  192 So. 3d 670· Fla. 4th DCA· 2016-06-01 ·cited 2×
  David Storey appeals the trial court's denial of his motion for relief from judgment, which sought to reduce his ex-wife's pension benefits to exclude post-November 1994 salary increases and survivor benefits. The Fourth District reversed, holding that the unambiguous language of
• C.V. Alexander, Jr. v. Quail Pointe II Condo.
  170 So. 3d 817· Fla. 5th DCA· 2015-03-06 ·cited 2×
  Alexander challenged a judgment confirming a nonbinding arbitration award, arguing the agreed order referring the case to arbitration failed to comply with the mandatory form order adopted by the Seventh Judicial Circuit and that his counsel's lack of familiarity with arbitration
• Jackson v. Albright
  120 So. 3d 37· Fla. 4th DCA· 2013-07-24 ·cited 2×
  The Estate of Kim Douglas appealed a defense verdict in a personal injury case arising from a 2001 car collision, challenging the trial court's admission of evidence regarding a prior settlement to rebut Douglas's testimony about lack of funds for medical treatment. The court aff
• Carlo Woodson v. State
  114 So. 3d 1068· Fla. 1st DCA· 2013-06-05 ·cited 2×
• Gaynor Hill Enters., Inc. v. Allan Enters., LLC
  113 So. 3d 933· Fla. 5th DCA· 2013-01-25 ·cited 2×
  Gaynor Hill Enterprises appealed a trial court's order granting Kevin and Donna Allan's motion for relief from a default judgment entered through substitute service on the Secretary of State. The Fifth District Court of Appeal reversed, holding that substitute service was proper
• Pacheco v. Indymac Fed. Bank
  92 So. 3d 276· Fla. 4th DCA· 2012-07-05 ·cited 2×
  Appellant Pacheco sought relief from a foreclosure judgment, arguing the bank lacked standing to file the foreclosure complaint because it did not hold the mortgage and note at the time suit was filed. The court affirmed the trial court's denial of relief, holding that the standi
• Frady v. Deringer
  76 So. 3d 1024· Fla. 4th DCA· 2011-12-07 ·cited 2×
  Seven years after a default final judgment of dissolution of marriage was entered, the former husband moved to set it aside claiming lack of notice. The appellate court reversed, holding that the certificate of service raised a presumption of delivery that the former husband fail
• Hayes v. State
  55 So. 3d 699· Fla. 4th DCA· 2011-03-02 ·cited 2×
  Robert Hayes appealed his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act following a jury verdict. The Fourth District Court of Appeal affirmed the commitment, finding that any trial errors—including prosecutor statements violating an in limine ord
• Challenger Inv. Grp., LC v. Renell D. Jones
  20 So. 3d 941· Fla. 3d DCA· 2009-09-30 ·cited 2×
  Challenger Investment Group appealed an order denying its motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b), claiming the trial court lacked jurisdiction to consider the motion. The Third District reversed, holding that the trial court did have jurisd
• Nieves v. Crawford
  20 So. 3d 874· Fla. 3d DCA· 2009-08-26 ·cited 2×
  The trial court had jurisdiction to enforce its prior order granting specific performance, but lacked jurisdiction to declare the buyer in default or order forfeiture of the deposit because those issues were not properly noticed or pled.
• O'Hanlon v. Herndon
  5 So. 3d 723· Fla. 2d DCA· 2009-02-18 ·cited 2×
  In this foreclosure appeal, the court reversed a circuit court's ruling that precluded a trust from bringing a foreclosure action due to failure to file a Declaration of Trust, holding that this issue was beyond the scope of the motion for relief from judgment and should not have
• Balbin v. Lexington Ins. Co.
  982 So. 2d 10· Fla. 3d DCA· 2008-03-12 ·cited 2×
  Cesar Balbin appealed the denial of his third and fourth amended motions for relief from judgment under Florida Rule of Civil Procedure 1.540(b) against Lexington Insurance Co. The court affirmed the trial court's denial, finding the motions untimely and improper as an attempt to
• Heidkamp v. Warren
  990 So. 2d 1· Fla. 2d DCA· 2007-10-12 ·cited 2×
  In a consolidated appeal of a divorce case, the Florida Second District Court of Appeal reversed the trial court's denial of the former wife's motion for rehearing on child support, holding that she was entitled to an evidentiary hearing on her allegations that the former husband
• Dep't OF Child. & Families v. J.J.E.
  953 So. 2d 659· Fla. 5th DCA· 2007-03-30 ·cited 2×
  The Department of Children and Families appealed a trial court's finding that service of process by publication was invalid in a parental rights termination proceeding, rendering the termination order void. The appellate court affirmed, holding that the Department failed to condu
• Dassler v. Bellsouth Telecomms., Inc.
  943 So. 2d 1025· Fla. 4th DCA· 2006-12-20 ·cited 2×
• Patterson v. Crosby
  917 So. 2d 1033· Fla. 1st DCA· 2006-01-06 ·cited 2×
  Trial court erred by failing to address appellant's claim for relief from a dismissal order based on not receiving timely notice, requiring remand to consider the motion under Florida Rule of Civil Procedure 1.540(b).
• Carta v. Carta
  903 So. 2d 300· Fla. 3d DCA· 2005-06-08 ·cited 2×
  In this Florida family law appeal, a husband challenges orders denying his motion to dismiss for lack of subject matter jurisdiction and denying his motion for relief from an order to break his safe deposit box to satisfy interim attorney's fees awarded to his wife. The appellate
• Cinda Schulberg v. Schulberg
  883 So. 2d 352· Fla. 3d DCA· 2004-09-22 ·cited 2×
  Cinda Schulberg appeals a trial court order that modified child support downward and enforced an arbitration agreement regarding private school expenses. The appellate court affirmed both the modification and the enforcement of the arbitration clause, finding no error in the tria
• Chapman v. State
  883 So. 2d 835· Fla. 5th DCA· 2004-07-23 ·cited 2×
  Petition for writ of mandamus to compel trial court ruling on motion for relief from judgment denied because petitioner failed to bring the pending motion to the trial court's attention.
• KEY v. State
  874 So. 2d 694· Fla. 4th DCA· 2004-05-26 ·cited 2×
  The court affirmed dismissal of a motion for relief from judgment seeking rehearing of a habeas corpus petition filed in the wrong circuit, but allowed refiling in the proper circuit.
• Patterson v. State
  868 So. 2d 583· Fla. 4th DCA· 2004-02-18 ·cited 2×
  Court summarily affirmed dismissal of habeas corpus petition because Patterson sought belated appeal through improper procedure, and dismissed for lack of subject matter jurisdiction the appeal of an order denying relief from judgment, which was unauthorized under Florida Rules o
• S.B. v. Dep't of Child. & Families
  825 So. 2d 1057· Fla. 4th DCA· 2002-09-18 ·cited 2×
  This case addresses whether parents have a right to competent counsel in dependency proceedings. The court held that parents do not have a right to competent counsel in dependency proceedings, even if they have a statutory right to appointed counsel, distinguishing dependency cas
• A.L. v. Dep't of Child. & Families
  816 So. 2d 223· Fla. 5th DCA· 2002-05-10 ·cited 2×
  A mother appeals the trial court's denial of her motion to set aside a dependency order for her child, claiming she lacked actual notice of the hearing date. The court treated the motion as one for rehearing and denied it as untimely, and the appellate court affirmed, finding no
• Pardo v. THE Decoplage Condo. Ass'n, Inc.
  833 So. 2d 782· Fla. 3d DCA· 2002-03-06 ·cited 2×
  Josephine Pardo appealed an order denying her motion for relief from judgment in a condominium dispute. The trial court had entered a judgment against Pardo for attorney's fees despite the fact that she had sold her unit over two years before the lawsuit was filed and the injunct
• Cooper v. Melodie Austin
  750 So. 2d 711· Fla. 5th DCA· 2000-01-14 ·cited 2×
  Cooper appeals the trial court's denial of relief from a mediation settlement agreement in a divorce case, arguing the agreement was procured by extortion when his wife threatened to have him arrested unless he agreed to her terms. The court reverses, finding that despite the tri
• Jackson v. Dildy
  743 So. 2d 152· Fla. 3d DCA· 1999-10-20 ·cited 2×
  Father appealed child support orders adopted by the trial court without hearing his timely filed exceptions to the General Master's Report. The appellate court reversed because the trial judge refused to hear argument on the father's exceptions before entering final orders, viola
• Shepard D. Osherow v. Osherow
  727 So. 2d 1091· Fla. 4th DCA· 1999-03-03 ·cited 2×
  The trial court loses jurisdiction to consider an attorney's fee application if it fails to reserve jurisdiction and the time for amendment has expired.
• Amwest Sur. Ins. Co. v. State
  721 So. 2d 408· Fla. 5th DCA· 1998-11-20 ·cited 2×
  The trial judge lacked jurisdiction to grant an untimely motion for rehearing, thus the order granting rehearing was improper.
• Boice v. Warnstedt
  696 So. 2d 448· Fla. 4th DCA· 1997-07-02 ·cited 2×
  The court held that a party waives the issue of defective service of process by failing to contest it at the earliest opportunity, especially after appearing and seeking relief on other grounds.
• Natkow v. Natkow
  677 So. 2d 339· Fla. 3d DCA· 1996-06-26 ·cited 2×
  Adrienne Natkow sought relief from her dissolution judgment based on fraudulent financial affidavits filed by her husband. The trial court dismissed her motion as time-barred under Rule 1.540(b), but the appellate court reversed, holding that the amended rule's elimination of tim
• Watson v. Griffith
  665 So. 2d 357· Fla. 1st DCA· 1995-12-28 ·cited 2×
• Pharmafax, Inc. v. Mike Segal, P.A.
  654 So. 2d 1244· Fla. 3d DCA· 1995-05-10 ·cited 2×
  A settlement stipulation, even if signed by a party not represented by counsel, can validly bring a party under the court's jurisdiction by waiving service of process.
• Bontkowski v. First Nat'l Bank OF Cicero
  998 F.2d 459· 7th Cir.· 1993-07-01 ·cited 2×
  The court held that the plaintiff's civil RICO claim was time-barred by the four-year statute of limitations, and equitable tolling and in pari delicto defenses did not apply.
• Roth v. Roth
  615 So. 2d 868· Fla. 4th DCA· 1993-03-24 ·cited 2×
  The court held that the trial court erred by failing to specify a termination date for rehabilitative alimony and by not correcting a clear mistake in the final judgment regarding the medical insurance deductible.
• Nichols v. Hepworth
  604 So. 2d 574· Fla. 4th DCA· 1992-09-09 ·cited 2×
  The Nichols appealed from an order denying their motion to vacate a summary judgment in a mortgage foreclosure case. The trial court erred in finding it lacked jurisdiction to consider a second Rule 1.540(b) motion to set aside an earlier order, where the first motion sought reli
• Columbia Record Prods. v. HOT WAX Records, Inc.
  966 F.2d 515· 9th Cir.· 1992-06-08 ·cited 2×
  The court held that the magistrate judge lacked the statutory authority to enter the asset assignment order, and therefore the district court's denial of the Rule 60(b) motion was also erroneous.
• Pluess-Staufer Indus., Inc. v. Rollason Eng'g & Mfg., Inc.
  597 So. 2d 957· Fla. 5th DCA· 1992-05-01 ·cited 2×
  PSI appealed a default judgment entered against it by a Florida court, challenging the trial court's personal jurisdiction. The appellate court held that because Rollason's complaint failed to allege sufficient jurisdictional facts under Florida's long-arm statute, the default ju
• First Republicbank Fort Worth v. Norglass, Inc.
  958 F.2d 117· 5th Cir.· 1992-04-16 ·cited 2×
  The court held that a two-year delay in filing a Rule 60(b) motion for relief from judgment, without a valid justification, is not a "reasonable time" and constitutes an abuse of discretion to deny.
• Walden v. Munson
  593 So. 2d 1215· Fla. 2d DCA· 1992-02-21 ·cited 2×
  The Florida Department of Health and Rehabilitative Services and Mary Walden appealed an order requiring HLA blood testing to revisit a paternity judgment entered nearly four years earlier. The Second District Court of Appeal reversed, holding that the paternity issue was resolve
• Larson v. Heritage Square Assocs.
  952 F.2d 1533· 8th Cir.· 1992-01-06 ·cited 2×
  The court held that the district court did not abuse its discretion in denying Larson's Rule 60(b) motion because the parties, through their attorneys, reached a valid and binding settlement agreement at the pre-trial conference.
• S. Seas Marine, Inc. v. Salim Saab
  585 So. 2d 959· Fla. 4th DCA· 1991-08-07 ·cited 2×
  Third-party defendants appealed orders denying their motions for relief from a judgment that included attorney's fees, arguing the trial court lacked subject matter jurisdiction to award such fees. The court affirmed, holding that while the circuit court has subject matter jurisd
• Picon v. Morris
  933 F.2d 660· 8th Cir.· 1991-05-16 ·cited 2×
  The court held that the district court abused its discretion in denying the Rule 60(b) motion because the dismissal order may have dissolved the consent decree, requiring relief for McBride to pursue a contempt action.
• Constant v. The United States
  929 F.2d 654· Fed. Cir.· 1991-03-25 ·cited 2×
  The court affirmed the denial of the motion for relief from judgment and imposed sanctions, finding the appeal frivolous as filed.