Motion For Relief From Judgment

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

• S.K.D. v. J.P.D.
  36 So. 3d 858· Fla. 5th DCA· 2010-06-04
  The Fifth District Court of Appeal reversed the trial court's order striking appellant's motion for relief from judgment under Florida Rule of Civil Procedure 1.540. The court held that the trial court erroneously applied the law of the case doctrine to bar consideration of the m
• Larkin v. Buranosky
  25 So. 3d 685· Fla. 4th DCA· 2010-01-20
  Lynne Larkin sought relief from a summary judgment in her defamation suit against Anthony Pedicini under Florida Rule of Civil Procedure 1.540, claiming excusable neglect when her attorneys failed to timely provide her the judgment. The court affirmed the trial court's denial, ho
• Thompson v. Treiser
  26 So. 3d 64· Fla. 2d DCA· 2010-01-15
  The Thompsons appealed a trial court order that vacated a fraud judgment against JKC and sanctions awarded to the Thompsons. The court held that the defendants Frater and TCV had abandoned their motions to vacate the judgment by entering into a stipulated order that removed them
• Associated Receivables Funding OF Fla., Inc. v. Moecker
  26 So. 3d 615· Fla. 5th DCA· 2009-12-18
  Associated Receivables Funding appealed an order denying its motion for relief from a judgment that barred it from collecting on a debt against Rivers individually. The court reversed, finding the trial court lacked jurisdiction to enjoin claims against Rivers, a non-party to the
• Walker v. Walker
  4 So. 3d 35· Fla. 3d DCA· 2009-02-11
  The appellate court dismissed the appeal for lack of jurisdiction because the notice of appeal was not timely filed.
• Bojadzijev v. Roanoke Tech. Corp.
  997 So. 2d 1251· Fla. 5th DCA· 2009-01-02
  Thomas Bojadzijev appeals the trial court's denial of his motion to vacate a default final judgment entered in favor of Roanoke Technology Corporation in a breach of contract action. The Fifth District Court of Appeal affirms the default judgment, finding that Bojadzijev waived h
• Dixon v. McNEIL
  992 So. 2d 318· Fla. 1st DCA· 2008-09-26
• Merrill Lynch & Co., Inc. v. Valat Int'l Holdings, Ltd.
  987 So. 2d 703· Fla. 3d DCA· 2008-06-11
  A garnishee is entitled to relief from a default judgment if the relief granted exceeds the allegations in the writ of garnishment, even without a showing of excusable neglect.
• S.D.T. v. Bundle OF Hope Ministries, Inc.
  949 So. 2d 1132· Fla. 1st DCA· 2007-02-28
  An unmarried biological father appeals the denial of his motions to intervene and set aside a judgment terminating his parental rights in an adoption proceeding. The court affirmed, holding that although the father was not established as a statutory parent at the time the initial
• Diorio v. Granger
  942 So. 2d 951· Fla. 1st DCA· 2006-11-22
  Appellants challenged a default judgment entered against them in an estate dispute, arguing they had filed a pro se response and that damages and attorney's fees were awarded without an evidentiary hearing. The court affirmed the default judgment on liability but reversed and rem
• Edwards v. State
  937 So. 2d 1151· Fla. 5th DCA· 2006-09-01
  Robert A. Edwards petitioned for certiorari review of a trial court order denying various forms of collateral relief. The appellate court denied the petition and barred Edwards from filing further pro se pleadings in the appellate court, finding that he was abusing the legal proc
• E.T. v. State of Fla. & Dep't OF Child. & Families
  930 So. 2d 721· Fla. 4th DCA· 2006-05-03
  A father appealed the dismissal of his habeas corpus petition challenging the effectiveness of counsel in the termination of his parental rights proceedings. The Fourth District Court of Appeal affirmed the dismissal, holding that habeas corpus is not the proper vehicle for ineff
• Bishop v. State Farm Fla. Ins. Co.
  923 So. 2d 1235· Fla. 1st DCA· 2006-03-23
• United States v. Persaud
  420 F. Supp. 2d 1263· M.D. Fla.· 2006-01-18
  The court held that while the government has the power to force a sale of property to satisfy tax debts, equitable considerations and third-party interests, as outlined in United States v. Rodgers, may warrant postponing or modifying such sales, particularly concerning a spouse's
• Palm Beach Newspapers, Inc. v. Rush Limbaugh and Marta Miranda
  967 So. 2d 219· Fla. 3d DCA· 2005-12-30
• Mungen v. Carwise
  913 So. 2d 3· Fla. 5th DCA· 2005-08-26
  Freddie Louis Mungen appealed the denial of his motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b) following a final judgment that voided his conveyance of land. The court affirmed the trial court's denial, finding no abuse of discretion and no newly d
• Sataria Haliburton, Sr. v. Byrd
  900 So. 2d 636· Fla. 4th DCA· 2005-03-23
• Sharpe v. State
  889 So. 2d 1007· Fla. 1st DCA· 2004-12-29
• Altadis USA, Inc. v. NPR, Inc.
  344 F. Supp. 2d 1349· M.D. Fla.· 2004-11-10
  The court held that the plaintiff could not obtain a judgment against the insurer directly, either under Ohio or Florida law, because the insurer had properly paid the claim to its insured, and the plaintiff was not a third-party beneficiary entitled to recover under the policy.
• Torrence W. Allen v. State
  874 So. 2d 1259· Fla. 1st DCA· 2004-06-10
  The Florida First District Court of Appeal imposed sanctions on Torrence Allen for abusing the judicial system through serial frivolous filings. Allen had filed 29 cases since his 1999 conviction, including at least 12 collateral attacks on his conviction, none of which resulted
• Johnson v. Fla. Parole Comm'n
  860 So. 2d 504· Fla. 1st DCA· 2003-11-26
• Kinsey v. State
  854 So. 2d 830· Fla. 5th DCA· 2003-09-19
  James Kinsey, convicted of first-degree murder in 1990 and sentenced to life imprisonment with a 25-year minimum mandatory term, sought to file additional pro se appeals and collateral attacks on his conviction. The court imposed restrictions on his future pro se filings, finding
• Rangwal Eloy Spindler v. Mayol
  849 So. 2d 1102· Fla. 3d DCA· 2003-05-28
  In this divorce appeal, the Florida Third District Court of Appeal addressed whether a trial court had personal jurisdiction over a husband who absconded to Brazil with the parties' child. The court held that while service of process was defective, the judgment dissolving the mar
• A.G. v. Dep't of Child. & Families
  846 So. 2d 622· Fla. 4th DCA· 2003-05-28
  A father appealed the denial of his motion for relief from a 1994 dependency order, arguing the order was void for lack of notice of a disposition hearing. The Fourth District Court of Appeal reversed its own prior holding that the 1994 adjudication order constituted a final disp
• L.L.N. v. Dep't of Child. & Families
  840 So. 2d 1172· Fla. 5th DCA· 2003-04-04
  The appellate court affirmed a judgment awarding primary custody of two children to the father, holding that the trial court retained jurisdiction over the custody matter despite prior Hague Convention proceedings in Germany.
• Pierce v. Marc
  826 So. 2d 525· Fla. 3d DCA· 2002-09-25
• Schreiner v. Holland
  816 So. 2d 797· Fla. 3d DCA· 2002-05-15
  The court held that the wife did not confer apparent authority or ratify the settlement agreement, and thus the judgment against her should be set aside.
• Marrone v. City OF KEY W. & Bd. of Trs. of the Internal Improvement Tr. Fund
  814 So. 2d 478· Fla. 3d DCA· 2002-03-27
  Michael Marrone appealed the denial of his Rule 1.540 motion seeking relief from a final ejectment judgment that removed his houseboat from sovereignty submerged land. The court affirmed the denial, holding that the Board of Trustees of the Internal Improvement Trust Fund properl
• MacAr v. MacAr
  803 So. 2d 707· Fla.· 2001-12-06
  The Florida Supreme Court resolved a certified conflict regarding whether marital settlement agreements incorporated into final judgments after extensive litigation and discovery should be subject to challenge under Casto v. Casto standards or Florida Rule of Civil Procedure 1.54
• G.C. and D.C. v. Dep't of Child. & Families
  796 So. 2d 1291· Fla. 5th DCA· 2001-10-19
  The court held that the denial of the motion for relief from judgment was improper because the parents' counsel did not receive timely written notice of the order's rendition. The court granted belated review and vacated the case plan.
• Wassman v. Travelers Cas. & Sur. Co.
  797 So. 2d 626· Fla. 5th DCA· 2001-10-12
  Wassman obtained a final county court judgment against Travelers for $22,453.52 based on a dishonored check. Travelers later filed an interpleader action in circuit court and sought to satisfy the judgment through deposit of bond funds into the registry. The appellate court rever
• Reavell v. Reavell
  795 So. 2d 172· Fla. 4th DCA· 2001-09-05
  Affirmed denial of motion to vacate final divorce judgment; husband's challenge to $1,000 attorney's fee sanction was untimely and procedurally improper as it came after the deadline for direct appeal and motion for rehearing.
• Ellsworth v. Gallo
  780 So. 2d 268· Fla. 4th DCA· 2001-02-28
  The appellate court affirmed the trial court's denial of the appellant's second motion for relief from judgment.
• In the Interest of S.S. v. State
  764 So. 2d 718· Fla. 2d DCA· 2000-06-28
  A father appealed from an order denying his motion for relief from a dependency stipulation entered without adequate counsel appointment procedures. The court vacated the denial and remanded, holding that the trial court violated Florida Rule of Juvenile Procedure 8.320 by failin
• AIM Target Programs, Inc. v. Fam. Quest, Inc.
  752 So. 2d 1270· Fla. 2d DCA· 2000-03-15
  Florida appellate court reversed an order allowing amendment of answer to seek attorney's fees after final judgment was entered, holding the trial court lacked jurisdiction to entertain the amendment motion post-judgment.
• Young v. Young
  745 So. 2d 1074· Fla. 4th DCA· 1999-11-17
  The appellate court affirmed a trial court's decision regarding child support modification and attorney's fees. The court found no abuse of discretion in refusing to make the increased child support retroactive and in denying additional attorney's fees, considering the lengthy li
• Adolphus S. Ashley v. Moore
  742 So. 2d 533· Fla. 1st DCA· 1999-10-20
  Adolphus Ashley challenged the trial court's denial of his habeas corpus petition by appealing to the appellate court, which converted the appeal to a certiorari petition. The court dismissed the petition for lack of jurisdiction because Ashley failed to timely serve his motion f
• Everett v. Fla. Transp. Servs., Inc.
  744 So. 2d 1038· Fla. 4th DCA· 1999-06-09
  Everett appealed an order denying his motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b)(1) after his complaint was dismissed as time-barred. The court reversed, holding that the plaintiff's mistaken statement of the injury date in the original complai
• Hammond v. State
  722 So. 2d 887· Fla. 2d DCA· 1998-12-02
  The appellate court held that the case must be remanded because the appellate record was incomplete, preventing adequate review of the appellant's sentencing challenge.
• Fla. Constr. v. Nat'l Union Fire Ins. Co. OF Pittsburgh Pa.
  722 So. 2d 847· Fla. 2d DCA· 1998-11-06
  The court affirmed the trial court's order vacating a summary judgment in favor of National Union Fire Insurance based on newly discovered evidence under Florida Rule of Civil Procedure 1.540(b), rendering the underlying appeal moot.
• Malone v. City OF Satellite Beach
  716 So. 2d 857· Fla. 5th DCA· 1998-09-04
• Yunger v. Fed. Home Loan Mortg. Corp.
  707 So. 2d 962· Fla. 5th DCA· 1998-04-03
  The Yungers appealed a summary judgment of foreclosure, arguing they received inadequate notice of the judicial sale and therefore should be permitted to challenge the merits of the underlying foreclosure judgment. The court affirmed the foreclosure, holding that the Yungers were
• Dennis v. Dennis
  702 So. 2d 289· Fla. 3d DCA· 1997-12-10
  Carlos Dennis appealed the dismissal of his Rule 1.540 motion (relief from judgment) for lack of prosecution. The trial court dismissed the motion, finding no record activity for over a year, but the Third District Court of Appeal reversed, holding that the guardian ad litem's re
• Island Transp. v. Ilman
  669 So. 2d 298· Fla. 3d DCA· 1996-02-21
  The court held that the trial court erred by not holding an evidentiary hearing on the issues of settlement and attorney fraud before ruling on a post-trial motion for relief from judgment.
• Furney v. Furney
  659 So. 2d 364· Fla. 1st DCA· 1995-06-20
• Mills v. Wormser
  644 So. 2d 180· Fla. 5th DCA· 1994-10-28
• Myles v. Dep't of Health & Rehabilitative Servs.
  633 So. 2d 1200· Fla. 3d DCA· 1994-03-29
• Agustina Perez-Perez v. Popular Leasing Rental, Inc.
  993 F.2d 281· 1st Cir.· 1993-05-25
  The court held that the admission of undisclosed expert testimony constituted unfair surprise and misconduct, warranting a new trial. It also found appellate jurisdiction was properly established.
• Chambers v. Am. Trans AIR
  990 F.2d 317· 7th Cir.· 1993-03-31
  The appeal is timely because the plaintiff's post-judgment motions were not definitively denied until the order fixing sanctions was entered, thus tolling the time for appeal.
• Ashcraft v. The Dist. Bd. OF Trs. OF Valencia Cmty. Coll.
  615 So. 2d 271· Fla. 5th DCA· 1993-03-12
  Ashcraft appeals the dismissal of contract counts against Valencia Community College, arguing he had an express contract for reappointment. The court reverses, holding that the Board of Trustees' vote to reappoint him, combined with the college president's written offer that Ashc