Motion For Relief From Judgment

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

• Lafarge Conseils ET Etudes, S.A. v. Kaiser Cement & Gypsum Corp.
  791 F.2d 1334· 9th Cir.· 1986-06-11 ·cited 34×
  The court held that Kaiser's motions to vacate the arbitration award and set aside the judgment confirming it were properly denied, and that Foley was entitled to attorney fees.
• Walker v. Mathews
  546 F.2d 814· 9th Cir.· 1976-11-16 ·cited 34×
  The court held that the Administrative Law Judge's finding of disability was not supported by substantial evidence, as it relied on the existence of isolated jobs and rejected uncontradicted medical testimony without adequate reason.
• United States Fid. & Guar. Co. v. Lawrenson
  334 F.2d 464· 4th Cir.· 1964-06-23 ·cited 34×
  The court held that the district court did not abuse its discretion in denying the Rule 60(b) motion for relief from judgment and denying a hearing.
• David M. Dresdner, M.D., P.A. v. The Charter OAK Fire Ins. Co.
  972 So. 2d 275· Fla. 2d DCA· 2008-01-18 ·cited 32×
  This case addresses whether a trial court may vacate and reenter an order to allow a party to perfect an appeal after missing the filing deadline due to lawyer error constituting excusable neglect. The Second District Court of Appeal held that a trial court lacks authority to use
• Sterling Factors Corp. v. U.S. Bank Nat'l Ass'n
  968 So. 2d 658· Fla. 2d DCA· 2007-11-02 ·cited 32×
  Sterling Factors Corporation appeals the denial of its motion to set aside a final summary judgment of foreclosure. Sterling held a second mortgage on property that was foreclosed and sold by the first mortgagee, U.S. Bank. The court affirmed the denial, holding that while sectio
• Crocker Invs., Inc. v. Statesman Life Ins. Co.
  515 So. 2d 1305· Fla. 3d DCA· 1987-11-10 ·cited 32×
  The trial court had jurisdiction to entertain a second motion to vacate a default judgment when the second motion raised additional grounds demonstrating the judgment was erroneously entered, and the interests of justice warranted vacating it.
• CPG Prods. Corp. v. Pegasus Luggage, Inc.
  776 F.2d 1007· Fed. Cir.· 1985-10-17 ·cited 32×
  The court affirmed the patent infringement and unfair competition judgments but reversed and remanded the denial of increased patent damages and attorney fees due to willful infringement.
• Fla. Power & Light Co. v. The Canal Auth. OF the State OF Fla.
  423 So. 2d 421· Fla. 5th DCA· 1982-11-24 ·cited 32×
  Florida Power & Light Company appealed a denial of its motion for relief from 1967 condemnation judgments, arguing the trial court lacked jurisdiction because the condemnation petitions lacked attached authorizing resolutions as required by Tosohatchee. The Fifth District affirme
• Burnside v. E. Airlines, Inc.
  519 F.2d 1127· 5th Cir.· 1975-09-17 ·cited 32×
  A Rule 60(b) motion cannot be used as a substitute for a timely appeal after the time for appeal has expired.
• Osanna S. Carmona and Nelson L. Carmona v. Wal-Mart Stores
  81 So. 3d 461· Fla. 2d DCA· 2011-11-18 ·cited 31×
  The Carmonas appealed the denial of their motion for relief from judgment following summary judgment in Wal-Mart's favor in their civil suit arising from Mrs. Carmona's arrest for shoplifting. They claimed they were denied procedural due process at the summary judgment hearing be
• Bennett v. Tenet ST. Mary's, Inc.
  67 So. 3d 422· Fla. 4th DCA· 2011-08-10 ·cited 31×
  A minor's parents appealed dismissals of a medical malpractice case against healthcare providers. The trial court dismissed the case against two defendants for the plaintiff's repeated failure to comply with discovery orders and appear at hearings. The appellate court affirmed th
• In re Guardianship OF Theresa Marie Schiavo v. Schiavo
  800 So. 2d 640· Fla. 2d DCA· 2001-10-17 ·cited 30×
  In the third appellate decision in the Schiavo guardianship case, the Florida Second District Court of Appeal reversed the trial court's summary denial of the Schindlers' motion for relief from judgment, finding they established a colorable entitlement to relief based on newly di
• United States v. Baus
  834 F.2d 1114· 1st Cir.· 1987-12-11 ·cited 30×
  The court held that the district court abused its discretion in denying the guarantors' Rule 60(b)(6) motion as untimely, finding their delay was justified by the government's conduct and assurances.
• Duran v. Elrod
  713 F.2d 292· 7th Cir.· 1983-07-22 ·cited 30×
  The court held that the district court did not abuse its discretion in denying the county's motion to modify the consent decree to allow double-bunking and in ordering the release of low-bond pretrial detainees to comply with the population cap.
• Commonwealth OF Puerto RICO v. The SS ZOE Colocotroni
  601 F.2d 39· 1st Cir.· 1979-07-10 ·cited 30×
  Parties may file motions for relief from judgment under Fed.R.Civ.P. 60(b) directly in the district court without seeking prior leave from the court of appeals, even while an appeal is pending.
• Horace v. ST. Louis Sw. R.R. Co.
  489 F.2d 632· 8th Cir.· 1974-01-02 ·cited 30×
  The court held that the district court did not abuse its discretion in denying the motion for relief from judgment, as the alleged error did not constitute plain error and Rule 60(b) cannot be used to extend the time for appeal.
• Asher v. Harrington
  461 F.2d 890· 7th Cir.· 1972-04-13 ·cited 30×
  The court held that the complaint stated a proper federal claim under Section 1983 for arbitrary denial of constitutional rights.
• Pierce v. S. Pac. Transp. Co.
  823 F.2d 1366· 9th Cir.· 1987-07-31 ·cited 29×
  The court held that the jury's findings were not fatally inconsistent and that Southern Pacific waived its right to argue for a Rule G investigation privilege by failing to object to jury instructions.
• Terrell v. Sec'y, Dep't of Veterans Affairs
  98 F.4th 1343· 11th Cir.· 2024-04-18 ·cited 28×
  The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding race or national-origin discrimination, retaliation, or a hostile work environment, thus affirming the grant of summary judgment.
• Schuman v. Int'l Consumer Corp.
  50 So. 3d 75· Fla. 4th DCA· 2010-12-08 ·cited 28×
  The Fourth District Court of Appeal reversed the trial court's denial of a motion for relief from judgment without an evidentiary hearing in a fraud case. The appellant was tried in absentia and obtained a default judgment against him after his newly retained counsel failed to re
• Indus. Fire & Cas. Ins. Co. v. Wilson
  537 So. 2d 1100· Fla. 3d DCA· 1989-01-31 ·cited 28×
  This case addresses whether a jury verdict should be overturned due to juror concealment of material facts during voir dire. The court held that a juror's nondisclosure of his prior insurance relationship with the defendant insurance company constituted reversible error, warranti
• EGF Tampa Assocs. v. Bohlen
  532 So. 2d 1318· Fla. 2d DCA· 1988-10-28 ·cited 28×
  EGF Tampa Associates and Pan Am Circle Associates appealed a default judgment entered against them in a mortgage foreclosure action. The court reversed, holding that the defendants' attorney's letter constituted a "paper" that triggered notice requirements before entry of default
• Cel-A-Pak v. Cal. Agric. Labor Relations Bd., United Farm Workers of Am., AFL-CIO
  680 F.2d 664· 9th Cir.· 1982-07-02 ·cited 28×
  The court held that the notice of appeal was untimely for the underlying judgment, but timely for the denial of the Rule 60(b) motion, which is reviewed only for abuse of discretion. The district court did not abuse its discretion in denying the motion.
• Pioneer Ins. Co. v. Gelt
  558 F.2d 1303· 8th Cir.· 1977-07-05 ·cited 28×
  The court held that the district court had personal jurisdiction over the defendant and did not err in denying his motion for relief from judgment.
• Carter v. United States
  168 F.2d 310· 10th Cir.· 1948-07-14 ·cited 28×
  The court held that the appeal is from the order denying the motion to vacate the prior order, and the trial court must determine if the clerk failed to provide notice of the prior order, which would toll the appeal period.
• Higgins v. Dyck-O'Neal, Inc.
  201 So. 3d 157· Fla. 1st DCA· 2016-06-09 ·cited 27×
  The First District Court of Appeal reversed a default judgment against homeowners, holding that a lender who included a prayer for deficiency relief in a foreclosure action and had the court reserve jurisdiction to enter such a judgment cannot subsequently pursue a separate commo
• Paul v. Wells Fargo Bank, N.A.
  68 So. 3d 979· Fla. 2d DCA· 2011-09-02 ·cited 27×
  Joan Paul appeals the trial court's denial of her motion to set aside a default foreclosure judgment entered against her. The court reversed and remanded, holding that the trial court mistakenly believed it lacked discretion to grant relief after the foreclosure sale and that men
• Space Coast Credit Union v. THE First
  467 So. 2d 737· Fla. 5th DCA· 1985-03-28 ·cited 27×
  Space Coast Credit Union sought to garnish funds at a bank but the writ was defectively served by an unauthorized process server on a low-level bank employee rather than proper corporate officers. The appellate court held that the defective service failed to perfect the court's s
• Meyer v. Meyer
  525 So. 2d 462· Fla. 4th DCA· 1988-05-11 ·cited 26×
  Jon Meyer appeals a trial court's order granting his ex-wife Nancy Meyer relief from judgment under Rule 1.540 to add a reservation of jurisdiction for attorney's fees that was omitted from the final order in a custody modification proceeding. The Fourth District reverses, holdin
• Streetman v. Lynaugh
  835 F.2d 1521· 5th Cir.· 1988-01-06 ·cited 26×
  The court held that a prior stay of execution order dissolved by its own terms upon the conclusion of the appeal it was granted for, and that the district court did not abuse its discretion in denying a Rule 60(b) motion seeking relief from a judgment denying habeas corpus relief
• Fed. Deposit Ins. Corp. v. LA Rambla Shopping Ctr., Inc.
  791 F.2d 215· 1st Cir.· 1986-05-21 ·cited 26×
  The court held that a counterclaim based on a separate lease agreement could not be asserted against the FDIC, acting in its corporate capacity, due to 12 U.S.C. § 1823(e), and that there was no jurisdictional basis for the counterclaim against the FDIC as receiver.
• Martine Lacore v. Giralda Bake Shop, Inc.
  407 So. 2d 275· Fla. 3d DCA· 1981-12-08 ·cited 26×
  The appellate court affirmed the denial of a motion for relief from a default judgment, finding that the appellant's attorney's advice not to respond did not constitute excusable neglect and that the claim under rule 1.540(b)(3) was not sufficiently established.
• Blois v. Friday
  612 F.2d 938· 5th Cir.· 1980-02-28 ·cited 26×
  The court held that the district court abused its discretion by denying the plaintiff's Rule 60(b) motion to vacate a default summary judgment entered due to attorney negligence.
• Country Clubs OF Sarasota, Ltd. v. Zaun Equip., Inc.
  350 So. 2d 539· Fla. 1st DCA· 1977-10-05 ·cited 26×
  Country Clubs of Sarasota, a limited partnership, appealed the denial of its motion to set aside a default judgment in a garnishment action. The court held that while service on the partnership's former general partner was effective, the trial court abused its discretion in refus
• Hopkins v. Coen
  431 F.2d 1055· 6th Cir.· 1970-09-24 ·cited 26×
  The jury's oral verdict announced in open court, as corrected and affirmed by the jurors, is the legally binding verdict, not the written form. Clerical errors in the form do not invalidate the verdict if substantial rights are not affected.
• Bowles v. J. J. Schmitt & Co., Inc.
  170 F.2d 617· 2d Cir.· 1948-11-08 ·cited 26×
  The court held that the district court had jurisdiction to enter the judgment based on the confession, as it was a valid agreement between the parties, and affirmed the denial of the motions to vacate.
• Burt Kroner v. Singer Asset Fin. Co., L.L.C.
  814 So. 2d 454· Fla. 4th DCA· 2001-11-21 ·cited 25×
  Kroner, a lottery buyout business pioneer, sought relief from a non-compete injunction that was part of a settlement agreement, arguing the injunction was inequitable because Singer had ceased its lottery prize business. The court affirmed the injunction, holding that Kroner fail
• Paleias v. Wang
  632 So. 2d 1132· Fla. 4th DCA· 1994-03-09 ·cited 25×
  The court addressed whether personal service on a nonresident defendant outside Florida requires an allegation of nonresidency in the complaint when the defendant committed a tortious act in Florida. The court held that under Florida's long arm statute §48.193, an allegation of n
• Riley v. Riley
  509 So. 2d 1366· Fla. 5th DCA· 1987-07-23 ·cited 25×
  William Riley appeals from a contempt order and judgment for alimony arrearages arising from his failure to comply with a property settlement agreement incorporated into his dissolution judgment. The Fifth District affirmed, holding that contempt was an appropriate remedy for Ril
• The Travelers Indem. Co. v. Jack Gore & the Darien Bank
  761 F.2d 1549· 11th Cir.· 1985-06-04 ·cited 25×
  The court held that perjury by a party, without more, does not constitute fraud upon the court sufficient to support an independent action for relief from judgment, especially when the issue could have been raised in the original proceeding.
• In re TA CHI Navigation (Panama) Corp. S.A. v. United States
  728 F.2d 699· 5th Cir.· 1984-03-23 ·cited 25×
  The court held that the denial of the surety's Rule 60(b) motion was not an abuse of discretion because the motion improperly attempted to relitigate the merits of the original judgment, which was not timely appealed. The merits of the original judgment are not before the appella
• Morris N. Am., Inc. v. King
  430 So. 2d 592· Fla. 4th DCA· 1983-05-04 ·cited 25×
  Morris North American appeals the trial court's decision to amend a final judgment after the defendant had satisfied it. The court held that a valid satisfaction of judgment bars any subsequent effort to alter or amend the final judgment unless the satisfaction itself is vacated
• Torres v. Arnco Constr., Inc.
  867 So. 2d 583· Fla. 5th DCA· 2004-03-05 ·cited 24×
  Torres challenges substituted service of process at his mother's Florida residence when his usual place of abode was in New York. The court held that Arnco failed to meet its burden of proving service at Torres's actual place of residence, requiring reversal of the default judgme
• Socialist Workers Party v. Leahy
  957 F. Supp. 1262· S.D. Fla.· 1997-01-14 ·cited 24×
  The court held that plaintiffs failed to demonstrate fraud or mistake to warrant relief from judgment, and their fear of statute enforcement was not actual or imminent, thus lacking standing.
• Loper v. Allstate Ins. Co.
  616 So. 2d 1055· Fla. 1st DCA· 1993-04-05 ·cited 24×
  In this uninsured motorist insurance dispute, Loper appealed a jury verdict awarding him damages for injuries sustained when struck by an uninsured vehicle. The court reversed the damages award and attorney's fees award due to trial court errors in admitting prejudicial criminal
• VAN Skiver v. United States
  952 F.2d 1241· 10th Cir.· 1991-12-30 ·cited 24×
  The court held that the district court did not abuse its discretion in denying the plaintiffs' motion for reconsideration, as it did not present grounds for relief under Rule 60(b).
• Tucker v. Commonwealth Land Title Ins. Co.
  800 F.2d 1054· 11th Cir.· 1986-09-30 ·cited 24×
  The court held that the district court abused its discretion by granting relief under Rule 60(b)(6) solely based on counsel's failure to receive notice of the order's entry, as this lacked the required due diligence.
• Whigham v. Whigham
  464 So. 2d 674· Fla. 5th DCA· 1985-03-07 ·cited 24×
  In this dissolution of marriage case, the husband challenges a final judgment that awarded his property interests to the wife based on defective service of process. The court holds that the judgment is null and void as to the husband's property rights because service by publicati
• Elliot W. Taylor v. Gallagher
  737 F.2d 134· 1st Cir.· 1984-06-25 ·cited 24×
  The court held that the plaintiff's conclusory characterizations of the attorney's submissions did not raise genuine issues of material fact sufficient to preclude summary judgment.
• Atlas v. City OF Pembroke Pines
  441 So. 2d 652· Fla. 4th DCA· 1983-09-28 ·cited 24×
  A trial court lacks jurisdiction to entertain a second motion for relief from judgment that relitigates matters settled by a prior order denying relief, and an order denying such a motion is not subject to a motion for rehearing.