Motion For Relief From Judgment

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

• Devlin v. Delray Cmty. Hosp.
  575 So. 2d 757· Fla. 4th DCA· 1991-03-06 ·cited 2×
  Eileen Devlin appealed the dismissal of her medical malpractice case for failure to appear at trial and sought relief under rule 1.540. The court affirmed the denial of post-judgment relief, finding Devlin lacked due diligence, but reversed the denial of attorney's fees and costs
• United States v. Khader Musa Hamide
  914 F.2d 1147· 9th Cir.· 1990-09-07 ·cited 2×
  The court held that it lacks appellate jurisdiction because the district court's order determining the legality of electronic surveillance was not a final order, and the issues would be reviewable on appeal from a final deportation order.
• Ira L. Mendell v. Gollust
  909 F.2d 724· 2d Cir.· 1990-07-25 ·cited 2×
  A former shareholder who has been divested of their securities by a merger transaction during the pendency of a suit lacks standing to continue the action under Section 16(b).
• In re Liberty Tr. Co. v. Leslie
  903 F.2d 1053· 5th Cir.· 1990-06-26 ·cited 2×
  The court held that the bankruptcy court's grant of summary judgment was not premature, not an abuse of discretion, and supported by the record, even if based on deemed admissions due to a failure to respond.
• Pozo v. Prada
  563 So. 2d 726· Fla. 3d DCA· 1990-05-29 ·cited 2×
  In this appeal, a bank officer sought to overturn a fraud judgment from 1983 based on an administrative tribunal's later finding that he had not violated professional standards. The court affirmed the original judgment, holding that an administrative determination regarding profe
• 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
• Alton Waye v. Townley
  884 F.2d 762· 4th Cir.· 1989-08-30 ·cited 2×
  The court held that the inmate's claims were procedurally barred due to failure to object contemporaneously at trial and that the alleged instructional error was harmless beyond a reasonable doubt.
• Lloyd v. Schlag
  884 F.2d 409· 9th Cir.· 1989-07-24 ·cited 2×
  The court held that an attorney's signature on a copyright complaint, filed without reasonable inquiry into the recordation of the copyright transfer, violates Rule 11. However, sanctions for opposing a subsequent, meritorious Rule 60(b) motion were vacated as too attenuated from
• Bailey v. Bailey
  546 So. 2d 104· Fla. 4th DCA· 1989-07-07 ·cited 2×
  A former husband appeals the denial of relief from judgment regarding an attorney's charging lien imposed against property he obtained in post-judgment dissolution proceedings. The court reversed, finding the trial court erred in granting the attorney's charging lien because the
• Hatfield v. Hayes
  877 F.2d 717· 8th Cir.· 1989-06-19 ·cited 2×
  The court held that the Hatfields were prevailing parties entitled to attorney's fees under 42 U.S.C. § 1988 for successfully defending against a motion for relief from judgment, and that the district court erred in denying those fees.
• Bus. Credit Leasing, Inc. v. Engineered Disposal Sys., Inc.
  543 So. 2d 409· Fla. 4th DCA· 1989-05-17 ·cited 2×
  The court held that Heller had standing as a creditor to file an involuntary bankruptcy petition against PAC, affirming the district court's reversal of the bankruptcy court's dismissal.
• Patricia (Clark) Foster and Brent Foster v. Stein
  534 So. 2d 1218· Fla. 3d DCA· 1988-12-06 ·cited 2×
  The court vacated a final judgment of adoption and an agreed order regarding paternity because the county judge who entered the orders was never properly assigned to act as a circuit judge, depriving the court of subject matter jurisdiction. Only a duly qualified circuit judge ha
• The Bank OF Coral Gables v. Eve E. Murphy
  533 So. 2d 902· Fla. 3d DCA· 1988-11-15 ·cited 2×
  The Bank of Coral Gables sued Eve Murphy on promissory notes she executed in 1984 and 1985 after her husband's death. Murphy argued her liability was limited by a 1983 guaranty she had signed for her husband's separate loan obligation. The court held that the 1983 guaranty could
• Foxbridge, Inc. v. Tartan-Laver Delray, Inc.
  528 So. 2d 1255· Fla. 4th DCA· 1988-07-20 ·cited 2×
  The court held that the trial judge abused discretion by refusing to set aside a default judgment against a garnishee who lacked actual notice and alleged excusable neglect and a meritorious defense.
• Collins v. Barry
  841 F.2d 1297· 6th Cir.· 1988-03-21 ·cited 2×
  The court held that the district court erred in finding the Director in civil contempt because the underlying order was invalidated by subsequent statutory changes, and the plaintiffs suffered no harm from the Director's actions.
• Harris v. Martin
  834 F.2d 361· 3d Cir.· 1987-11-30 ·cited 2×
  The dissent argues that the majority's interpretation of Rule 60(b)(5) is too narrow and that the Parole Commission should be granted relief from the prior judgment.
• Thompson v. Murray Weiss
  516 So. 2d 988· Fla. 3d DCA· 1987-11-24 ·cited 2×
  The court reversed the trial court's order granting relief from a settlement judgment, holding that the Dade County court lacked authority to interfere with a settlement stipulation approved in the Hillsborough County action.
• Gimbel v. Int'l Mailing & Printing Co., Inc.
  505 So. 2d 631· Fla. 4th DCA· 1987-04-15 ·cited 2×
  Gimbel appeals the denial of his motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b), seeking to set off a judgment recovered by the Seigel Estate against International against a judgment International obtained against Gimbel for aircraft depreciation.
• Park Corp. v. Lexington Ins. Co.
  812 F.2d 894· 4th Cir.· 1987-03-03 ·cited 2×
  A party seeking Rule 60(b) relief for excusable neglect must demonstrate reasonable internal controls for processing legal documents, not just an unexplained loss.
• Zeigler v. Louie L. Wainwright
  805 F.2d 1422· 11th Cir.· 1986-11-24 ·cited 2×
  The court held that it had jurisdiction and that the justice system failed to properly function, requiring remand for further proceedings.
• The Torrington Co. & Charles McNerney & Robert Ellis v. Local Union 590 OF the Int'l Union
  803 F.2d 927· 7th Cir.· 1986-10-20 ·cited 2×
  The court held that the Union's claim was arbitrable under the Collective Bargaining Agreement despite the 'insurance provisions' exception, and that the Supplemental Unemployment Benefit Plan's arbitration procedure was appropriately enjoined due to its limitations.
• In re Nicholson v. Nicholson
  779 F.2d 514· 9th Cir.· 1985-12-26 ·cited 2×
  The court held that the bankruptcy court's findings of fact were clearly erroneous, and therefore, its reformation of the trustee's deed was an abuse of discretion.
• 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.
• Hyder Raleigh Davie v. Calton
  453 So. 2d 185· Fla. 3d DCA· 1984-07-24 ·cited 2×
  The court reversed an order denying relief from a 1969 paternity judgment against a minor appellant, holding that service of process was defective because it failed to comply with Florida's strict statutory requirements for serving minors who have never been married. The judgment
• Magaziner v. Magaziner
  434 So. 2d 10· Fla. 3d DCA· 1983-06-21 ·cited 2×
  Marion Runacre Magaziner appealed a trial court's denial of her motion to set aside a final judgment of dissolution of marriage that was entered three days after filing the petition, in violation of the 20-day statutory waiting period in Florida Statutes § 61.19. The appellate co
• Calehuff v. Calehuff
  433 So. 2d 1021· Fla. 4th DCA· 1983-06-15 ·cited 2×
  In this dissolution of marriage appeal, the court held that a trial court lacked jurisdiction to entertain a Rule 1.540(b) motion for relief from judgment when a premature notice of appeal from the final judgment was pending, and affirmed the denial of that motion and the award o
• Kaufman v. van Santen
  696 F.2d 81· 8th Cir.· 1983-01-06 ·cited 2×
  The court held that the evidence was sufficient to support the jury's verdict and that the trial court did not abuse its discretion in denying the defendant's post-trial motions.
• Grice v. Bd. OF Cnty. Comm'rs OF Madison Cnty.
  400 So. 2d 801· Fla. 1st DCA· 1981-06-22 ·cited 2×
• Kan. City S. Ry. Co. v. Great Lakes Carbon Corp.
  595 F.2d 431· 8th Cir.· 1979-04-02 ·cited 2×
  The court held that the denial of a Rule 60(b)(4) motion is an appealable order and that the appeal from the denial was timely filed, thus the court has jurisdiction.
• Royal D. Jennings v. Hicklin
  587 F.2d 946· 8th Cir.· 1978-12-07 ·cited 2×
  The court held that the district court properly denied the Rule 60(b) motion because the appellant's allegations of fraud and lack of jurisdiction were conclusory and insufficient.
• Murphy v. Nell Bumgarner Shoemaker
  287 So. 2d 143· Fla. 4th DCA· 1973-12-28 ·cited 2×
  W.F. Murphy, as executor of Samuel Smith's estate, appealed a judgment awarding plaintiff Nell Bumgarner Shoemaker $1,642.21 for reimbursement of obligations undertaken on behalf of the deceased. The court reversed and remanded because the circuit court lacked jurisdiction over t
• Coleman v. State
  193 So. 2d 6· Fla. 3d DCA· 1966-12-13 ·cited 2×
  This case involves an appeal from the denial of a motion for post-conviction relief. The defendant, who pleaded guilty to rape and was sentenced to life imprisonment, alleged incompetent counsel and coercion. The appellate court affirmed the denial, finding the trial judge's conc
• Friedman v. Wilson Freight Forwarding Co.
  320 F.2d 244· 3d Cir.· 1963-07-19 ·cited 2×
  The court held that a Rule 60(b) motion for relief from judgment was untimely and improperly used when the moving party delayed seeking relief and failed to prosecute a prior appeal.
• Cliett v. Hammonds
  286 F.2d 471· 5th Cir.· 1961-01-13 ·cited 2×
  The court held that the motion for relief from judgment, based on allegations of fraud inducing prior judgments, was properly dismissed on its merits.
• Boomhower, Inc. v. Am. Auto. Ins. Co. & Dennis J. Kane
  251 F.2d 385· D.C. Cir.· 1958-01-09 ·cited 2×
  The court held that the District Court did not abuse its discretion in denying the motion for a new trial.
• Amparo Denis v. Seasons Gardens Senior Residence, LLC
  Fla. 3d DCA· 2025-02-05 ·cited 1×
  Amparo Denis appealed a trial court's order vacating default judgments entered against Seasons Gardens Senior Residence. The Florida District Court of Appeal dismissed the appeal for lack of jurisdiction, holding that orders setting aside non-final default orders are themselves n
• Verijet, Inc. v. Vision Leasing 241, LLC
  394 So. 3d 78· Fla. 3d DCA· 2024-06-26 ·cited 1×
  Verijet appeals the trial court's denial of its motion to vacate a default final judgment entered after it failed to retain new counsel within ten days of its prior counsel's withdrawal. The appellate court reversed, finding that Verijet demonstrated excusable neglect, presented
• Chamberlain v. Degner
  368 So. 3d 1039· Fla. 1st DCA· 2023-08-02 ·cited 1×
  The appellate court reversed a trial court's decision to grant relief from a final judgment. The trial court had found the judgment void due to due process violations related to notice and relief granted outside the pleadings. The appellate court disagreed, holding that the forme
• Mason v. Mason
  358 So. 3d 1287· Fla. 1st DCA· 2023-04-12 ·cited 1×
  The appellate court reversed a trial court's dismissal of a motion for relief from judgment, holding that Florida Family Law Rule of Procedure 12.540(b) has no time limit for motions based on fraudulent financial affidavits. The court certified a question to the Florida Supreme C
• Specialty Solutions, Inc. v. Baxter Gypsum & Concrete, LLC
  45 Fla. L. Weekly D1219· Fla. 5th DCA· 2021-06-16 ·cited 1×
  This case addresses whether a final summary judgment awarding unliquidated damages against a defaulted defendant is void as a matter of law. The Fifth District Court of Appeal held that such a judgment is not automatically void when the defaulted defendant receives proper notice
• Katherine A. Singer N/ K/ a Katherine A. Eichler v. Singer
  44 Fla. L. Weekly D2889· Fla. 2d DCA· 2020-04-17 ·cited 1×
  The appellate court reversed and remanded a final judgment dissolving a marriage, finding that the trial court erred in denying the wife's motions to reopen evidence after the deaths of her boyfriend and father, which significantly impacted her imputed income. The court also foun
• Boukzam v. Jossi Jugo
  293 So. 3d 8· Fla. 4th DCA· 2020-03-18 ·cited 1×
  A post-judgment order modifying the method of child support payment from direct payment to the mother to payment through the State Disbursement Unit constitutes a modification of the final judgment that requires compliance with the statutory grounds for modification. Such modific
• Fed. Deposit Ins. Corp. v. Nationwide Equities Corp.
  Fla. 3d DCA· 2020-02-26 ·cited 1×
  The Federal Deposit Insurance Corporation (FDIC), as receiver for a failed bank, appealed a dismissal of its breach of contract action, which was based on the statute of limitations. The appellate court affirmed the dismissal, finding that the FDIC failed to preserve its statute
• Spencer v. Deutsche Bank Nat'l Tr. Co.
  283 So. 3d 1284· Fla. 1st DCA· 2019-12-04 ·cited 1×
  The appellate court dismissed an appeal because the notice of appeal was filed too late. The appellant's motion to set aside the judgment, filed under a rule that does not toll appeal deadlines, did not extend the time to appeal.
• Redmond v. First Guar. Mortg. Corp.
  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
• Rekha Shah v. Transdermal Delivery Solutions Corp.
  266 So. 3d 215· Fla. 4th DCA· 2019-03-06 ·cited 1×
  A trial court abuses its discretion by denying a timely Rule 1.540(b) motion for relief from judgment when the plaintiff provides a reasonable and credible explanation based on secretarial error, including a legal assistant's reasonable misunderstanding of required arbitration fo
• Duncan v. State
  259 So. 3d 926· Fla. 5th DCA· 2018-11-16 ·cited 1×
  When a defendant erroneously files a Rule 1.540(b) motion in a criminal case that collaterally attacks a conviction, the trial court must treat it as a Rule 3.850 motion, strike it as facially insufficient if necessary, and grant the defendant at least one opportunity to amend.
• Agape Charter Sch., Inc. v. Summit Charter Sch., Inc.
  254 So. 3d 1129· Fla. 5th DCA· 2018-08-31 ·cited 1×
  The court held that the trial court abused its discretion in denying the motion for relief from judgment because the attorney's withdrawal and notice of hearing did not comply with mandatory procedural rules, depriving the appellants of due process.
• Manzaro v. D'Alessandro
  229 So. 3d 843· Fla. 4th DCA· 2017-11-01 ·cited 1×
  Appellant Manzaro sought relief from a 2012 custody order in a different circuit court than the one that issued it, claiming fraud on the court and lack of personal jurisdiction. The Fourth District Court of Appeal affirmed the dismissal of his complaint and imposed sanctions, fi
• Reynolds v. State
  221 So. 3d 754· Fla. 1st DCA· 2017-06-14 ·cited 1×
  Norman Reynolds, serving a life sentence for sexual battery of a child under 12 and two counts of lewd and lascivious molestation, appealed the denial of a postconviction motion seeking relief from judgment. The appellate court affirmed the denial, finding the motion untimely, su