Motion For Relief From Judgment

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

• Sheridan v. Rennhack
  200 So. 3d 255· Fla. 1st DCA· 2016-10-04 ·cited 1×
  Christopher Sheridan appealed a summary judgment dismissing his petition to disestablish paternity based on newly discovered DNA evidence showing he was not the biological father of the child. The court reversed, holding that genuine issues of material fact existed regarding whet
• Sabir Abdul-Haqq Yasir v. Forman
  199 So. 3d 1037· Fla. 4th DCA· 2016-07-13 ·cited 1×
  An incarcerated pro se litigant sought reimbursement for copying and postage costs in a public records mandamus proceeding. The trial court summarily denied his motion for relief from judgment without an evidentiary hearing after he failed to meet a procedural deadline due to cir
• Keeter v. The Bank OF NEW York Mellon fka The Bank of N.Y. for the Certificateholders of Cwalt, Inc.
  194 So. 3d 469· Fla. 1st DCA· 2016-05-25 ·cited 1×
  Keeter appealed a foreclosure judgment, challenging the entry of default and the award of unliquidated damages (attorney's fees). While affirming due to lack of proper preservation of issues, the court recognized defects in the lower court's proceedings and preserved Keeter's rig
• Bisel v. Bisel
  165 So. 3d 833· Fla. 4th DCA· 2015-06-03 ·cited 1×
  Former wife Nadine Bisel appeals the trial court's denial of her motion to set aside a default final judgment. The Fourth District DCA reversed, finding the notice of hearing was insufficient because it failed to describe the supplemental petition for upward modification of child
• Chestnut v. Fla. Dep't OF Corr.
  157 So. 3d 526· Fla. 1st DCA· 2015-02-16 ·cited 1×
• HSBC Bank USA v. Nixon
  117 So. 3d 430· Fla. 4th DCA· 2012-12-19 ·cited 1×
  HSBC Bank USA appealed the trial court's denial of its motion to vacate a foreclosure sale where the winning bid of $1,600 was grossly inadequate compared to the $787,473.60 judgment. The Fourth District Court of Appeal affirmed, holding that HSBC failed to provide evidence of mi
• Reed v. Rollin F. Blanshine & Dep't of Revenue
  78 So. 3d 54· Fla. 4th DCA· 2012-01-11 ·cited 1×
  Kelly Lynn Reed, mother of a minor child, appealed the trial court's denial of her motions to intervene in child support and custody proceedings to challenge an agreement terminating the father's parental rights. The Florida Fourth District Court of Appeal affirmed the denial, ho
• Hill v. Hill
  65 So. 3d 143· Fla. 5th DCA· 2011-07-08 ·cited 1×
  Kara Hill appealed the dismissal of her partition petition challenging how the trial court handled property distribution in her divorce settlement. The court reversed and remanded, treating her partition petition as a motion for relief from judgment to enforce the original consen
• 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
• Simpkins v. Jenkins
  979 So. 2d 1147· Fla. 1st DCA· 2008-04-17 ·cited 1×
• Heard v. Heard
  965 So. 2d 173· Fla. 5th DCA· 2007-08-10 ·cited 1×
  Tina Marie Heard appeals the dismissal of her motion for relief from a final judgment dissolving her marriage, seeking to overturn a child support agreement that provided approximately 37% less than statutory guidelines. The court affirms the dismissal, holding that the former wi
• Diamond Drywall Sys., Inc. v. Mashan Contractors, Inc.
  943 So. 2d 267· Fla. 3d DCA· 2006-11-22 ·cited 1×
  Filing a non-meritorious motion for default constitutes record activity, preventing dismissal for failure to prosecute under Florida Rule of Civil Procedure 1.420(e).
• United States Ex Rel. Dimartino v. Intelligent Decisions, Inc.
  308 F. Supp. 2d 1318· M.D. Fla.· 2004-03-10 ·cited 1×
  A relator cannot voluntarily dismiss a False Claims Act case without the written consent of both the court and the Attorney General, even if the government has initially declined to intervene.
• In re Guardianship OF Theresa Marie Schiavo v. Schiavo
  916 So. 2d 814· Fla. 2d DCA· 2003-10-21 ·cited 1×
  The Schindlers appealed the trial court's denial of their motion for relief from judgment in the Terri Schiavo guardianship case. The appellate court affirmed the trial court's February 2000 judgment authorizing removal of life-sustaining nutrition and hydration based on clear an
• Leshin v. Welt (In Re Warmus)
  276 B.R. 688· S.D. Fla.· 2002-03-25 ·cited 1×
  The district court held that the bankruptcy court erred in applying collateral estoppel against an attorney who was not a party to a prior settlement and in admitting a deposition without proper foundation, reversing the final judgment against the attorney.
• Strickland v. Detective Thelman
  665 So. 2d 284· Fla. 5th DCA· 1995-12-01 ·cited 1×
  Harold Strickland appeals a summary judgment upholding the Orange County Sheriff's Department's retention of his jewelry that was taken into custody upon his arrest. The court reversed and remanded, holding that a criminal trial court has inherent jurisdiction to order the return
• Griffith v. Sealtite Corp.
  903 F.2d 495· 7th Cir.· 1990-05-30 ·cited 1×
  The court held that the plaintiffs' separate wage claims, even when reduced to a single judgment, could not be aggregated to meet the federal jurisdictional minimum amount because the underlying causes of action were separate and distinct.
• First State Bank & Tr. Co. OF Valdosta v. McIVER
  893 F.2d 301· 11th Cir.· 1990-01-29 ·cited 1×
  The court held that the settlement agreement did not discharge the defendant's obligation on the promissory note, and a satisfaction of judgment related to a letter of credit did not affect liability on the note.
• Zeigler v. Louie L. Wainwright
  791 F.2d 828· 11th Cir.· 1986-05-19 ·cited 1×
  The court granted certificates of probable cause and stayed execution pending appeal for both the denial of a Rule 60(b) motion and the denial of a successive habeas petition alleging ineffective assistance of appellate counsel.
• Caden v. Safeco Title Ins. Co.
  475 So. 2d 275· Fla. 2d DCA· 1985-09-11 ·cited 1×
  Appellants Cadens and Hudsons sought post-judgment orders to assess damages for lost interest accruing after a final judgment in a mortgage reformation case involving Safeco Title Insurance Company's failure to include a statutory legend. The trial court denied these motions for
• Tosar v. Sladek
  393 So. 2d 61· Fla. 3d DCA· 1981-02-03 ·cited 1×
  Nonrecord activity alone is insufficient to show good cause for denial of a motion to dismiss for failure to prosecute under Florida Rule of Civil Procedure 1.420(e) unless a compelling reason is demonstrated.
• Dorsey v. Hearns
  Fla. 6th DCA· 2026-04-17
  An appellate court lacks jurisdiction to review an appeal when the notice of appeal is filed more than 30 days after rendition of final orders, and lack of timely appeal of final orders deprives jurisdiction over nonfinal orders and orders denying motions for rehearing.
• Nataly Riera Garcia v. Discover Bank
  Fla. 3d DCA· 2026-03-04
  Nataly Riera Garcia appealed the denial of her motion for relief from final judgment against Discover Bank. The Third District Court of Appeal affirmed the lower court's denial, finding no abuse of discretion and that the motion failed to establish grounds for relief.
• Alessandra de Menezes Trigueiro v. Rodrigo Cesar Galdino de Oliveira
  Fla. 6th DCA· 2026-02-13
  In a dissolution of marriage case, the trial court denied the appellant's motion for relief from judgment after she failed to appear at trial. The appellate court affirmed the denial, finding the trial court did not abuse its discretion in determining that the appellant failed to
• Jardim v. Paez
  S.D. Fla.· 2026-01-07
  The court denied the respondent's motion to alter or amend the judgment, finding no legal basis for reconsideration or a stay.
• Jardim v. Paez
  S.D. Fla.· 2026-01-03
  The court denied the respondent's motion for reconsideration and stay of the order returning the children to Venezuela, but subsequently stayed the return order due to an FAA flight ban.
• Ward v. M/Y Utopia IV
  S.D. Fla.· 2025-12-29
  The court held that when a jury award contains an identifiable amount not permitted by law, the court may modify the verdict without offering a new trial, as this is a correction of legal error, not a traditional remittitur.
• State Attorneys for the Second v. Fla. Pace Funding Agency
  Fla.· 2025-12-18
  The Florida Supreme Court held that Florida Rule of Civil Procedure 1.540 does not apply to final judgments validating bonds after the time to appeal has expired. The court affirmed orders denying governmental entities' motions to vacate a $5 billion bond validation judgment, con
• Trump v. Hillary Clinton
  11th Cir.· 2025-11-26
  The court held that while the district court erred in dismissing claims against one defendant for lack of jurisdiction, the remaining claims were untimely and meritless, and sanctions against the plaintiff and his attorneys were appropriate.
• Marvel Tech. (China) v. The Individuals
  S.D. Fla.· 2025-11-25
  The court denied defendants' motion for reconsideration, finding no clear error in its prior summary judgment order regarding patent infringement.
• Javon Marshall v. Rodrick Robinson
  M.D. Fla.· 2025-10-07
  The court held that the plaintiff's motion to appeal in forma pauperis is frivolous and lacks good faith, and therefore must be denied.
• Javon Marshall v. Rodrick Robinson
  M.D. Fla.· 2025-09-23
  The court recommended denying the plaintiff's motion to appeal in forma pauperis because the appeal of the denial of his motions for relief from judgment was frivolous.
• Naval Logistic, Inc. v. M/V Family Time
  S.D. Fla.· 2025-08-22
  Naval Logistic, Inc. sued Andrew Vilenchik for unpaid marina fees and necessaries provided to his vessel, M/V Family Time. After obtaining summary judgment for $40,428.30 and attorney's fees of $118,197.11, Vilenchik moved for relief from judgment under Rule 60(b), claiming fraud
• Ofer v. Butchko
  S.D. Fla.· 2025-08-21
  The court held that the plaintiff's motion to reopen the case was denied because it did not meet the requirements of Federal Rule of Civil Procedure 60(b) and was not filed within a reasonable time.
• Lincong Song v. Jiangang Luo
  Fla. 3d DCA· 2025-07-16
  An appellate court may summarily affirm when the appellant's brief fails to demonstrate a preliminary basis for reversal.
• Howard v. Specialized Loan Servicing, LLC
  Fla. 4th DCA· 2025-07-09
  A second motion for relief from judgment is improper if it attempts to relitigate issues decided by a previous order, and without a record of trial proceedings, an appellate court cannot conclude the trial court abused its discretion in denying such a motion.
• Katharine Keches v. Portfolio Recovery Assocs., LLC
  Fla. 4th DCA· 2025-06-11
  A trial court abuses its discretion by entering a final judgment without holding a hearing on a pro se defendant's motion for relief from judgment based on excusable neglect caused by technological difficulties with a Zoom hearing.
• F & W Lawn Care & Landscaping, Inc. v. Cozart
  M.D. Fla.· 2025-06-11
  A Rule 59(e) motion to reconsider is inapplicable to an interlocutory order, and an unedited response with internal comments is stricken.
• Stahlman v. Lane
  M.D. Fla.· 2025-06-04
  Plaintiff John David Stahlman sought relief from a dismissal of his Fifth Amendment Equal Protection claim regarding prison messaging system access under Rule 60(b), arguing that the Supreme Court's overruling of the Chevron doctrine in Loper Light Enterprises v. Raimondo warrant
• McCray v. Fla. Dep't of Corr.
  S.D. Fla.· 2025-06-02
  The court held that a Rule 60(b) motion attacking the merits of a prior habeas denial, especially with new evidence, constitutes an unauthorized successive habeas petition over which the district court lacks jurisdiction. Furthermore, the petitioner failed to demonstrate fraud wi
• Garrett-Graham v. Garrett
  S.D. Fla.· 2025-05-22
  The court granted in part and denied in part the plaintiff's motion, denying reconsideration but granting leave to amend the complaint.
• Charolette L. Alexander v. N. Fla. Constr. Builders, LLC
  Fla. 1st DCA· 2025-05-07
  A judgment is not void under Rule 1.540(b) merely because the trial court allegedly erred in determining facts or law; it is void only when the trial court lacked subject-matter or personal jurisdiction. A defendant who defaults admits the allegations in the complaint and may the
• Arrington v. Miami Dade Cnty. Pub. Sch. Dist.
  S.D. Fla.· 2025-03-12
  The court affirmed the Magistrate Judge's Report and Recommendation, denying the plaintiff's motion for relief from judgment and motion to file under seal.
• Ill. Union Ins. Co. v. McGinley
  Fla. 2d DCA· 2025-01-03
  A trial court lacks jurisdiction to allow new, unpleaded claims against a nonparty insurer after entry of final judgment in a personal injury case, even if the final judgment purports to retain jurisdiction over such anticipated litigation. Jurisdiction cannot be created or retai
• Robinson v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-11-19
  The court held that a pro se plaintiff's motion to reopen a voluntarily dismissed case under Rule 60(b) was untimely and failed to demonstrate excusable neglect or exceptional circumstances.
• Crocker v. Waldron
  Fla. 5th DCA· 2024-11-15
  Bobby Crocker appeals a final judgment awarding his sister-in-law Jamie Waldron $6,250 in damages for the value of her fifth-wheel camper. The appellate court affirms the judgment without reaching the merits because Crocker's arguments are insufficiently developed and not properl
• Danny's Fuel Corp. v. Brinks US
  Fla. 4th DCA· 2024-10-16
  Danny's Fuel Corp. appeals the trial court's denial of its motion to vacate a default judgment, challenging the validity of service of process. The appellate court reverses and remands because the trial court failed to hold an evidentiary hearing on whether the person served (Cam
• Suarez Magual v. Anez Dager
  S.D. Fla.· 2024-09-03
  The court held that the final judgment confirming a foreign arbitral award must be vacated due to improper service and material alterations to the proposed order, rendering subsequent motions for fees and enforcement premature.
• Marlow v. Shellpoint Mortg. Servicing
  Fla. 2d DCA· 2024-08-23
  A motion for relief from judgment based on fraud must be filed within one year of the judgment, and the one-year requirement for fraud claims can only be avoided by filing an independent action rather than a rule 1.540(b) motion.
• Suarez Magual v. Anez Dager
  S.D. Fla.· 2024-08-15
  The court held that a judgment confirming an arbitral award is void if entered before the respondent is properly served with notice of the application, and therefore, such a judgment must be vacated.