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Fla. 3d DCA·
2020-08-12
The appellate court affirmed the denial of a motion to set aside a foreclosure judgment. The appellant argued the judgment was void because the plaintiff bank was never formally substituted into the lawsuit, but the court found the appellant received due process and the judgment
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Fla. 4th DCA·
2020-07-29
The appellate court dismissed part of the former husband's appeal as untimely and affirmed the denial of his petition to modify child support. The court also denied his petition for a writ of prohibition to disqualify the trial judge, finding his arguments legally insufficient.
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Fla. 4th DCA·
2020-07-29
A trial court does not abuse its discretion by limiting the time for preparing a motion for disqualification during a family law proceeding, and such limitation does not violate the code of judicial conduct absent extraordinary circumstances like those in a capital murder case.
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N.D. Fla.·
2020-06-18
A party is only entitled to litigate a claim once and cannot file new lawsuits complaining about the first court's handling of the original case.
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Fla. 2d DCA·
2020-05-29
The appellate court reversed the lower court's summary denial of a motion for relief from judgment. The lower court erred by dismissing the motion outright when it should have treated it as a motion filed under the correct rule and allowed the movant an opportunity to amend.
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306 So. 3d 164·
Fla. 3d DCA·
2020-05-27
The appellate court reversed a trial court's order granting a mother's motion for relief from a final judgment and parenting plan. The court found the mother failed to comply with procedural rules for seeking relief from judgments, as the alleged errors in the original orders wer
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Fla. 5th DCA·
2020-05-21
The amended final judgment is void as to the award of unliquidated damages because due process required an evidentiary hearing or trial on damages after proper notice, which was not provided.
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Fla. 4th DCA·
2020-05-06
The Fourth District Court of Appeal addressed whether a foreclosure judgment entered by a state circuit court after removal to federal court was void or voidable. Following the U.S. Supreme Court's decision in Roman Catholic Archdiocese v. Acevedo Feliciano, the court held that a
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Del. Super. Ct.·
2020-04-22
The Delaware Superior Court denied the defendant's motion for relief from a default judgment, finding that the defendant failed to establish excusable neglect. The court held that the defendant's reliance on a miscommunication with its counsel, coupled with its own failure to act
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Fla. 3d DCA·
2020-04-01
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S.D. Fla.·
2020-03-09
The court overruled the plaintiff's objections to the magistrate's report and denied his motion for relief from judgment, finding his claims of non-receipt of documents unpersuasive.
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Fla. 3d DCA·
2020-02-19
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Fla. 1st DCA·
2020-01-21
The appellate court affirmed the trial court's denial of a motion to vacate a paternity judgment. The court found the motion was untimely and that the appellant's due process rights were not violated, nor were there new circumstances justifying relief.
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Fla. 2d DCA·
2019-12-27
The appellate court reversed a lower court's order that set aside a previous dismissal of a case. The court found that the lower court erred by disregarding the law of the case established by a prior appellate decision and by misinterpreting the original dismissal order.
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Fla. 2d DCA·
2019-12-18
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M.D. Fla.·
2019-12-10
The court held that the petitioner failed to demonstrate extraordinary circumstances to reopen a federal habeas judgment based on claims of ineffective assistance of collateral counsel.
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Fla. 3d DCA·
2019-09-25
The appellate court reversed a lower court's decision that vacated a prior order and dismissed a foreclosure action. The court found that the lower court erred in vacating the order under Florida Rule of Civil Procedure 1.540 because the time limits for correcting judicial errors
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Fla. 3d DCA·
2019-09-25
The appellate court reversed a lower court's decision that vacated a prior order and dismissed a foreclosure action. The court found that the motions to vacate were filed too late under Florida Rule of Civil Procedure 1.540 and that the vacated order was a judicial error, not a c
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Fla. 5th DCA·
2019-07-26
The appellate court affirmed a trial court's decision to limit a judgment against a co-guarantor. The court found that it was equitable to prevent one party from collecting the full judgment amount after purchasing it, when they were only liable for half.
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Fla. 3d DCA·
2019-07-24
The appellate court affirmed a trial court's denial of a motion to vacate a foreclosure judgment. The court found that although initial notice of a summary judgment hearing was sent to a former attorney, the subsequent rehearing on the motion, with proper notice to new counsel, c
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Fla. 1st DCA·
2019-07-22
The Bank of New York Mellon appealed the trial court's denial of its motion to vacate a foreclosure judgment entered by One Seagrove Place Owners Association. The Bank argued the judgment was void due to lack of personal jurisdiction based on improper service of process. The appe
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272 So. 3d 506·
Fla. 3d DCA·
2019-04-10
# LEGAL BRIEF
**Case:** Benitez Jr. v. Leal, 3D18-771 (Fla. 3d DCA 2019)
**Holding:** The Third District Court of Appeal reversed and vacated a charging lien imposed on a client for unpaid attorney fees, holding that the attorney must pursue collection through an unsecured clai
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271 So. 3d 1130·
Fla. 3d DCA·
2019-03-27
Richardson Francois appeals the trial court's summary denial of his motion for relief from judgment based on Graham v. Florida and Miller v. Alabama for crimes committed as a juvenile. The appellate court affirmed the denial, holding that Francois's thirty-year sentence does not
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264 So. 3d 382·
Fla. 2d DCA·
2019-02-15
An appeal from an order entered on a motion for relief from judgment is not final and nonappealable when a motion for rehearing is filed, as such motions do not toll the time for filing a notice of appeal.
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264 So. 3d 1007·
Fla. 2d DCA·
2018-10-26
An order that merely schedules a foreclosure sale is not a final appealable order, and orders denying relief from foreclosure judgment are reviewable on appeal but were properly denied in this case.
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Fla. 5th DCA·
2018-08-27
An attorney's motion to withdraw and notice of hearing that fails to comply with Florida Rule of Judicial Administration 2.505(f)(1)'s mandatory requirement to timely serve both documents on the client at the client's last known address constitutes fundamental error implicating d
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248 So. 3d 1251·
Fla. 4th DCA·
2018-06-06
A summary judgment on an indemnification cross-claim is premature when entered before liability is determined, and Rule 1.540(b)(5) provides equitable relief to set aside such a judgment when a subsequent jury verdict exonerates the indemnitee, even if the indemnitee's counsel di
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244 So. 3d 1187·
Fla. 5th DCA·
2018-04-27
A legal malpractice plaintiff filed suit in 2004 but failed to pursue it diligently, allowing the statute of limitations to expire. After eleven years, she sought to amend her complaint, but the trial court denied the motion due to the expired statute of limitations. The appellat
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Fla. 5th DCA·
2018-04-23
A trial court properly dismisses a legal malpractice complaint when the statute of limitations has expired and the plaintiff failed to timely amend the complaint despite prior opportunities.
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229 So. 3d 882·
Fla. 5th DCA·
2017-10-27
An incarcerated inmate appealed the summary denial of his motion to dissolve a domestic violence injunction, arguing he did not timely receive notice of the underlying order. The court reversed and remanded, holding that the trial court must conduct an evidentiary hearing on the
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211 So. 3d 124·
Fla. 4th DCA·
2017-02-01
In this consolidated appeal concerning a foreclosure action, the Fourth District Court of Appeal reversed the trial court's post-appeal orders that had vacated its February 10, 2016 relief from judgment order, and affirmed that February 10th order setting aside the 2015 dismissal
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9th Cir. Ct. App. Div.·
2016-08-07
SunTrust Mortgage seeks review of an order denying its motion for relief from a foreclosure judgment entered by a county court. The appellate court granted the petition, finding the foreclosure judgment void because it purported to extinguish SunTrust's superior first mortgage, w
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191 So. 3d 943·
Fla. 4th DCA·
2016-05-11
The father appeals a contempt finding and denial of relief from a fee award ordered as a sanction for violating a parenting plan. The court affirmed the denial of relief but reversed the contempt finding because the trial court failed to make the required finding that the father
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Del. Super. Ct.·
2015-08-24
The court denied the plaintiff's motions to alter or amend judgment and for relief from judgment. The court also granted the defendants' motion for judgment on the pleadings on all counts of the plaintiff's amended complaint. The court found that the plaintiff had no First Amendm
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163 So. 3d 1264·
Fla. 2d DCA·
2015-05-20
Horizon Construction challenges a foreclosure sale rescheduling order, claiming a mediated settlement agreement with Memphis Investments negated the foreclosure judgment. The court reversed and remanded because the trial court failed to conduct a proper evidentiary hearing to det
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159 So. 3d 156·
Fla. 2d DCA·
2014-12-31
The Patels appeal an order vacating their trial court dismissal in a mortgage foreclosure action. The appellate court reversed, holding that the trial court lacked authority to grant an untimely motion for rehearing filed by a non-party association, and that the motion did not qu
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148 So. 3d 783·
Fla. 2d DCA·
2014-07-09
Florida appellate court affirmed dismissal of lis pendens and denial of foreclosure relief but reversed the portion restricting pro se filings because the trial court failed to provide notice and opportunity to respond before imposing the sanction.
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Del. Ch.·
2014-06-04
The Court of Chancery properly denied the Petitioner's motions to alter or amend, reconsider, and for relief from judgment. The court found that the Petitioner's claims were time-barred under Delaware's pre-mortem validation statute, which requires written notice of the trust's e
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124 So. 3d 448·
Fla. 1st DCA·
2013-11-06
Appellant sought relief from a voluntary dismissal with prejudice of her deceased mother's lawsuit, alleging the dismissal was obtained through coercion and duress by the defendant son. The trial court denied the motion, but the appellate court reversed, holding that relief from
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120 So. 3d 1278·
Fla. 1st DCA·
2013-09-19
William Corning appeals from trial court orders denying his motions to vacate a foreclosure sale and writ of possession. This is Corning's second appeal in the matter; his first appeal was dismissed on jurisdictional grounds, but he was directed to seek relief in the trial court.
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117 So. 3d 30·
Fla. 1st DCA·
2013-06-05
Walter Lewis appealed the denial of his motion to recover $99,770 in currency seized during a 2007 traffic stop. The trial court had dismissed the forfeiture proceeding without prejudice, and when Lewis sought return of the money four years later, the court denied his motion as t
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113 So. 3d 1037·
Fla. 1st DCA·
2013-06-03
In a family law dispute, the former husband appealed the trial court's award of attorney's fees to the former wife, arguing the court entered judgment before his time to respond had expired. The appellate court reversed and remanded, finding the trial court violated its own proce
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106 So. 3d 1007·
Fla. 3d DCA·
2013-02-20
Newport appeals from the trial court's denial of a Rule 1.540 motion seeking relief from an order awarding prejudgment interest in a commercial dispute with Westgate. The Third District affirms, holding that the trial court properly limited its remand to calculating the amount of
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66 So. 3d 1056·
Fla. 2d DCA·
2011-08-03
The court affirmed the trial court's decision on shared parental responsibility and custody arrangement but reversed and remanded to correct an incorrect residential address in the parenting plan.
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72 So. 3d 161·
Fla. 2d DCA·
2011-08-03
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62 So. 3d 1239·
Fla. 2d DCA·
2011-06-15
Andrey Barhatkov appealed an order denying his motion for relief from a foreclosure judgment on his wife's home, where he was not a signatory to any loan documents and has no apparent legal interest in the property. The court affirmed the denial, finding that Barhatkov lacks stan
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65 So. 3d 48·
Fla. 1st DCA·
2011-05-20
Appellant Thompson sought relief from a final judgment modifying child custody and visitation under Florida Rule of Civil Procedure 1.540, arguing the judgment lacked evidentiary support and failed to address relevant custody factors. The appellate court affirmed the trial court'
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39 So. 3d 557·
Fla. 2d DCA·
2010-07-21
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37 So. 3d 959·
Fla. 3d DCA·
2010-06-16
Appellant Mumenthaler challenges an amended final judgment entered over one year after the original judgment. The court reversed the amended judgment because the trial court lacked jurisdiction to grant a Rule 1.540(b) motion filed more than one year after the original judgment w
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Del. Super. Ct.·
2010-06-09
The Court affirmed the denial of the motion for relief from judgment and imposed sanctions on plaintiffs' counsel for violating Rule 11(b)(3). The court found that counsel's assertions of not receiving the correct summary judgment motion were false and lacked evidentiary support,