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Fla. 1st DCA·
2024-07-31
The court affirmed the QDRO and the order denying the motion for relief from judgment without reaching the merits because the appellant failed to demonstrate any preliminary basis for reversal. The court dismissed the appeal of the October 25, 2022 final judgment as untimely and
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Fla. 1st DCA·
2024-07-24
The former husband appeals a trial court's post-judgment order refusing to revalue the marital home to account for post-judgment appreciation in property value. The court affirms, holding that equitable distribution judgments are final and cannot be reopened merely because proper
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Fla. 3d DCA·
2024-07-17
The trial court's order is affirmed.
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M.D. Fla.·
2024-06-26
The court adopted the magistrate judge's report and recommendation with modifications, denying defendants' motion for relief from judgment and granting in part the plaintiff's motion for civil contempt and sanctions.
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M.D. Fla.·
2024-05-03
The court denied the plaintiff's motion for a new trial or relief from judgment, finding that all arguments were previously asserted and resolved at trial.
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Fla. 4th DCA·
2024-04-24
Casey Louis Prevelhomme appeals a final judgment establishing child support obligations issued by the circuit court. The Department of Revenue conceded that the hearing establishing child support was not properly scheduled, and the appellate court reversed the judgment and remand
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Fla. 6th DCA·
2024-04-04
In a marital dissolution case, the trial court granted the former wife relief from a marital settlement agreement (MSA) that had been incorporated into a final judgment, applying the Casto standard for challenging postnuptial agreements. The appellate court reversed, holding that
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Fla. 2d DCA·
2024-04-03
Attorney Fantauzzi appeals the trial court's denial of his motion for relief from a judgment awarding attorney's fees under Florida Statute § 57.105. The court reversed, holding that the fee judgment against Fantauzzi is void because he was denied due process—he received no notic
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M.D. Fla.·
2024-03-18
The court held that a Rule 60(b) motion seeking to relitigate a previously denied habeas claim based on newly discovered evidence is a successive habeas petition, and since it was filed without authorization from the court of appeals, the district court lacks jurisdiction.
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Fla. 3d DCA·
2024-02-21
A defendant cannot obtain relief from a default judgment under Rule 1.540(b)(1) based solely on a claim of non-service that fails to meet the clear and convincing evidence standard, as such a claim does not constitute excusable neglect but rather amounts to a naked denial contrad
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M.D. Fla.·
2024-01-30
The court held that the petitioner's motion for relief under Rule 60(b) was untimely and that the submitted evidence did not demonstrate actual innocence.
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M.D. Fla.·
2024-01-16
The court held that the plaintiff's construed Rule 60(b) motion for relief from judgment is denied because the underlying claim under the Takings Clause fails.
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S.D. Fla.·
2023-11-29
The court held that a party seeking to amend a complaint after a dismissal order and judgment must meet the standards of Rules 59(e) or 60(b), and that the plaintiff failed to show good cause for untimely amendment under Rule 16(b) or demonstrate diligence.
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M.D. Fla.·
2023-08-14
The court held that the petitioner's motion for relief from a prior federal habeas denial, filed over thirty-five years later, was untimely under Rule 60(b)(2) and (3) of the Federal Rules of Civil Procedure.
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Fla. 1st DCA·
2023-08-02
A trial court abuses its discretion by summarily denying a motion for relief from judgment under Florida Family Law Rule of Procedure 12.540(b)(1) when the motion alleges facts constituting excusable neglect, such as attorney illness and office inadvertence, without holding an ev
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Fla. 1st DCA·
2023-05-31
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Fla. 5th DCA·
2023-04-06
A notice of voluntary dismissal filed after a summary judgment hearing is void and does not divest the trial court of jurisdiction over the case.
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Fla. 3d DCA·
2023-03-22
A trial court abuses its discretion by relying on inapplicable case law to avoid conducting a Rule 1.540(b)(5) analysis where the law cited involved single debtors with multiple debts but the case involves two separate debtors with separate judgments.
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Del. Ch.·
2023-03-21
The Court of Chancery denied the plaintiffs' motion for relief from judgment under Rule 60(b). The court found that the DOJ Complaint constituted new evidence, not newly discovered evidence, and thus could not support a Rule 60(b)(2) claim. Even if considered newly discovered evi
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Fla. 3d DCA·
2023-02-08
A trial court lacks continuing jurisdiction to sua sponte vacate a portion of a final judgment in a dissolution of marriage proceeding after the time for filing a motion for rehearing has expired, absent a reservation of jurisdiction in the judgment, a supplemental petition for m
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S.D. Fla.·
2023-02-03
The court held that it lacks subject-matter jurisdiction to consider the movant's motion because it is an unauthorized second or successive petition for collateral review.
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Fla. 3d DCA·
2023-01-11
The trial court abused its discretion in granting the plaintiffs' Rule 1.540(b) motion for relief from judgment because the plaintiffs failed to demonstrate excusable neglect and were improperly allowed to raise a new substantive defense (equitable subrogation) that should have b
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Fla. 3d DCA·
2022-11-30
Father appealed an amended final judgment in a paternity case, but the appeal was untimely because the operative judgment was rendered on October 22, 2019, and Father failed to appeal within 30 days or file a timely post-judgment motion tolling rendition; the amended judgment mer
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M.D. Fla.·
2022-11-17
The court denied Plaintiff's motion for relief from a prior order, finding no fraud or legal basis to reconsider the decision that his motion to compel was moot.
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Fla. 2d DCA·
2022-11-16
The appellate court reversed a trial court's order denying a motion to set aside a default judgment modifying a timesharing schedule. The court held that child custody determinations cannot be based solely on a party's default, but must consider the child's best interests.
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Fla. 4th DCA·
2022-10-26
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Fla. 3d DCA·
2022-09-30
Condominium unit owners appealed the trial court's denial of their motion for relief from a default judgment entered after they failed to appear at a show cause hearing. The appellate court reversed, finding that the owners demonstrated excusable neglect based on an honest but er
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Fla. 3d DCA·
2022-09-30
The appellate court reversed a trial court's denial of a motion for relief from judgment, finding that the appellants demonstrated excusable neglect for failing to appear at a show cause hearing. This decision emphasizes Florida's policy favoring the resolution of disputes on the
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Fla. 3d DCA·
2022-07-27
A motion to vacate under Florida Rule of Civil Procedure 1.540(b) is authorized only to seek relief from final judgments, decrees, orders, or proceedings, and therefore cannot be used to challenge a post-judgment foreclosure sale when the underlying final judgment is not being ch
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M.D. Fla.·
2022-07-11
The court held that the petitioner's motion, construed as a Rule 60(b) motion, was untimely and lacked extraordinary circumstances to reopen the case.
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M.D. Fla.·
2022-06-24
The court held that it lacked jurisdiction to review the petitioner's claims, as they constituted a direct attack on a District of Columbia appellate court decision, which is beyond the scope of federal district court review.
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M.D. Fla.·
2022-04-26
The court held that Petitioner's Rule 60(b) motion is denied because it rehashes previously decided claims and does not present extraordinary circumstances justifying relief from the judgment.
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Fla. 4th DCA·
2022-03-16
Alonzie Wiggins sued his former employer Brightview for negligence stemming from a 2015 workplace injury. After Brightview failed to appear despite proper service, the clerk entered a default and a jury awarded Wiggins $2.5 million in damages without Brightview's participation. T
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Fla. 4th DCA·
2022-03-16
The appellate court reversed a trial court's denial of a motion to vacate a default judgment, finding that Brightview Landscape Services' failure to defend a negligence lawsuit due to a clerical and systems error in coding the case as a resolved workers' compensation matter const
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M.D. Fla.·
2022-02-22
The court held that a motion for relief from judgment under Rule 60(b) must be denied when the alleged new evidence was not newly discovered, the movant failed to show due diligence, and the movant failed to prove fraud or misconduct by the opposing party.
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Fla. 3d DCA·
2022-02-09
In this post-judgment family law matter, the Father appeals an order denying his motion to strike and set aside a general magistrate's report and recommendations, along with resulting judgments for attorney's fees and costs. The appellate court affirmed the trial court's order de
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Fla. 4th DCA·
2022-02-02
NYC Construction Group appealed the denial of its Rule 1.540(b) motion to vacate a final judgment entered against it for breach of contract after it failed to appear at an evidentiary hearing. The appellate court agreed that NYC's failure to appear was due to excusable neglect—a
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Fla. 4th DCA·
2022-02-02
The appellate court reversed a final judgment against NYC Construction Group, Inc. (NYC) because the trial court erred in denying NYC's motion to vacate the judgment. NYC's failure to appear at a hearing was due to a calendaring error, which the appellate court found constituted
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M.D. Fla.·
2022-01-19
The court granted defendants' motion for relief, denying plaintiff's summary judgment motion without prejudice to refiling after discovery.
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S.D. Fla.·
2021-12-01
The court denied the petitioner's motion for relief from judgment because the due process argument was raised for the first time in a reply brief, which is improper.
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Fla. 1st DCA·
2021-08-18
A motion for rehearing on an order denying a motion for relief from judgment is not authorized under Florida law and does not toll the time for filing a notice of appeal.
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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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M.D. Fla.·
2021-06-07
The court vacated its prior order and judgment, adopted the magistrate's report and recommendation, and dismissed the case without prejudice for failure to prosecute.
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Fla. 5th DCA·
2021-06-03
Pamela Olson appeals a trial court order denying her motion for relief from a final judgment in a breach of contract dispute. The appellate court reversed, finding that the final judgment was void because it was rendered by a judge after her recusal, outside the narrow ministeria
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M.D. Fla.·
2021-02-03
A defendant's awareness of a sentencing range does not transform an open plea into a plea agreement, and therefore does not entitle them to relief under Rule 60(b).
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Del. Super. Ct.·
2020-12-15
The trial court denied the defendant railway company's motion for summary judgment, finding a genuine issue of material fact regarding when the plaintiff's FELA claim accrued under the discovery rule. The court also denied motions to exclude or limit the plaintiff's expert witnes
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Fla. 2d DCA·
2020-11-13
The appellate court affirmed the trial court's award of attorney's fees to the borrowers, finding they were the prevailing parties. However, it reversed the trial court's amended final judgment, ruling it was improperly entered under Florida Rule of Civil Procedure 1.540(b) and t
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Fla. 2d DCA·
2020-11-13
The appellate court affirmed the trial court's award of attorney's fees to the borrowers, finding they were the prevailing parties in the underlying litigation. However, the court reversed the trial court's amended final judgment, which had sought to clarify the original judgment
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S.D. Fla.·
2020-10-14
The court held that while the plaintiff's breach of contract claim was preempted by Section 301 and thus arose under federal law, it would not be reinstated as a Section 301 claim because the plaintiff failed to plead exhaustion of contractual remedies and the claim was not a hyb
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M.D. Fla.·
2020-08-14
The court denied Petitioner a certificate of appealability because he failed to make a substantial showing of the denial of a constitutional right.