Motion For Relief From Judgment

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

• Lum Coleman v. State
  193 So. 2d 699· Fla. 1st DCA· 1967-01-17 ·cited 17×
  Lum Coleman appealed the denial of his motion to set aside a guilty plea and conviction for arson, arguing violations of equal protection and due process. The court affirmed the denial, finding no merit to Coleman's claims that pre-trial arrest and interrogation procedures violat
• Wagner v. Pa. R.R. Co.
  282 F.2d 392· 3d Cir.· 1960-09-08 ·cited 17×
  The court held that the trial court did not abuse its discretion in denying the motions for a new trial and relief from judgment, nor in sustaining objections to certain cross-examination and summation arguments.
• Andrey Tikhomirov v. The Bank OF NEW York Mellon
  223 So. 3d 1112· Fla. 3d DCA· 2017-07-05 ·cited 16×
  Andrey Tikhomirov purchased property at a foreclosure sale conducted by a homeowners' association while a superior mortgage lender's (BNYM) separate foreclosure action was pending with a recorded lis pendens. After BNYM obtained a final judgment of foreclosure, Tikhomirov moved t
• Leander J. Coblentz, Jr. v. State
  855 So. 2d 681· Fla. 2d DCA· 2003-10-01 ·cited 16×
  Leander Coblentz appealed the denial of his motion for relief from judgment challenging his sexual predator designation following a 1999 guilty plea to sexual crimes. The court reversed, finding the trial court grossly abused its discretion by denying the motion without addressin
• In re Guardianship OF Theresa Marie Schiavo v. Schiavo
  851 So. 2d 182· Fla. 2d DCA· 2003-06-06 ·cited 16×
  The Florida District Court of Appeal affirmed the guardianship court's denial of the Schindlers' motion for relief from judgment, which ordered their daughter Theresa Schiavo's guardian to withdraw life-prolonging procedures. The court found that the parents failed to establish b
• D.F. v. Dep't OF Revenue ex rel. L.F.
  823 So. 2d 97· Fla.· 2002-06-06 ·cited 16×
  The Florida Supreme Court held that a final judgment of dissolution of marriage establishing a child support obligation constitutes a final determination of paternity, and any subsequent challenge to paternity must be brought under Florida Rule of Civil Procedure 1.540, which gen
• Wells Fargo Credit Corp. v. Harley E. Martin
  605 So. 2d 531· Fla. 2d DCA· 1992-09-16 ·cited 16×
  Wells Fargo Credit Corporation appeals orders denying its motion to set aside a judicial foreclosure sale and motion for relief from judgment. A Wells Fargo paralegal misread a handwritten bid instruction as $15,500 instead of $115,500, resulting in an opening bid far below the p
• Branum v. Clark
  927 F.2d 698· 2d Cir.· 1991-03-11 ·cited 16×
  The court held that the district court abused its discretion in denying the motion for relief from judgment because the plaintiff was prejudiced by the advancement of the hearing date without adequate notice and the court failed to consider this prejudice.
• Ojeda-Toro v. Rivera-Mendez
  853 F.2d 25· 1st Cir.· 1988-08-03 ·cited 16×
  The court held that a party cannot use Rule 60(b) to evade the consequences of a conscious decision not to appeal, nor can they claim fraud or excusable neglect when they had access to information or were aware of counsel's actions.
• Belcher v. Eileen and Charles Ferrara
  511 So. 2d 1089· Fla. 3d DCA· 1987-09-01 ·cited 16×
  This case involves an appeal from an order denying a motion for relief from a $3,000,000 judgment. The appellate court reversed the trial court's initial order vacating the judgment due to lack of jurisdiction while an appeal was pending, and remanded for an evidentiary hearing.
• Broad. Music, Inc. v. M.T.S. Enters., Inc.
  811 F.2d 278· 5th Cir.· 1987-02-26 ·cited 16×
  The court held that counsel's actions constituted an appearance, waiving any defect in service of process and personal jurisdiction, thus the denial of the Rule 60(b) motion was not an abuse of discretion.
• Frisard v. Frisard
  497 So. 2d 885· Fla. 4th DCA· 1986-09-03 ·cited 16×
  The trial court lacked jurisdiction to amend a final judgment to add a reservation of jurisdiction for attorney's fees after the judgment had become final, as this constituted a substantive error, not a clerical mistake correctable under Rule 1.540(a).
• Page v. Schweiker
  786 F.2d 150· 3d Cir.· 1986-03-14 ·cited 16×
  The court should have reached the merits of the standing issue and concluded that the plaintiff lacked standing to challenge the cross-program recoupment provision.
• Eileen and Charles Ferrara v. Belcher Indus., Inc.
  483 So. 2d 477· Fla. 3d DCA· 1986-02-11 ·cited 16×
  The trial court lost jurisdiction to grant a motion for relief from judgment once a notice of appeal was filed.
• Ellender v. Schweiker
  781 F.2d 314· 2d Cir.· 1986-01-15 ·cited 16×
  The court held that the Secretary's appeal was untimely because the notice of appeal was filed more than 60 days after the entry of the final judgment.
• Bradley Bank v. Hartford Accident & Indem. Co.
  737 F.2d 657· 7th Cir.· 1984-06-18 ·cited 16×
  The court held that the insurance policy's exclusion for losses from uncollected funds was unambiguous, requiring the depositor's physical presence at the bank for the exception to apply, and that the newly discovered evidence would not likely change the result.
• Vicon, Inc. v. CMI Corp.
  657 F.2d 768· 5th Cir.· 1981-09-30 ·cited 16×
  The court held that the district court did not err in applying Tennessee law to the misrepresentation claim, finding sufficient evidence of misrepresentation and damages, and did not abuse its discretion in denying the Rule 60(b) motion or prejudgment interest.
• Tonti v. Petropoulous
  656 F.2d 212· 6th Cir.· 1981-07-27 ·cited 16×
  The Sixth Circuit affirmed the district court's directed verdict for the defendants and its award of attorney fees, finding that the federal court lacked jurisdiction and that Tonti's claims were barred by res judicata and lacked evidentiary support.
• Nat'l Sur. Corp. v. Charles Carter & Co., Inc.
  621 F.2d 739· 5th Cir.· 1980-07-15 ·cited 16×
  The appellate court affirmed the denial of prejudgment interest because its prior mandate precluded such an award, and it declined to reform the mandate.
• Gray v. Estelle
  574 F.2d 209· 5th Cir.· 1978-05-30 ·cited 16×
  The court held that the district court abused its discretion in denying the respondent's motion for relief from judgment under Rule 60(b)(6) and remanded for a full evidentiary hearing on the conflict of interest and waiver issues.
• Edwards v. Joyner
  566 F.2d 960· 5th Cir.· 1978-01-27 ·cited 16×
  The court held that the district court did not abuse its discretion in denying the Rule 60(b) motion, and this denial is affirmed.
• Virgin Islands Nat'l Bank v. Tyson
  506 F.2d 802· 3d Cir.· 1974-12-30 ·cited 16×
  The court held that the district court did not abuse its discretion in denying a motion for relief from an order confirming a judicial sale, as the appellant failed to establish grounds for such relief under Rule 60(b) and did not timely raise objections as required by statute.
• Washington v. Bd. OF Educ.
  498 F.2d 11· 7th Cir.· 1974-05-20 ·cited 16×
  A public school administrator's reassignment allegedly in retaliation for exercising First Amendment rights states a claim upon which relief can be granted, and such claims should not be dismissed without fact-finding regarding the impact on the employer's functions.
• Miles v. State
  174 So. 2d 576· Fla. 3d DCA· 1965-05-04 ·cited 16×
  Eddie Miles appealed the denial of his motion for post-conviction relief in a rape case, arguing his conviction should be vacated due to illegal arrest, ineffective counsel, and lack of parental notification at trial. The appellate court affirmed the trial court's denial, finding
• In re Marachowsky Stores Co. Marachowsky Stores Co. v. O'Connor
  188 F.2d 686· 7th Cir.· 1951-04-13 ·cited 16×
  The court held that an appeal from an order denying a petition for review or rehearing is not appealable if the petition was treated as a motion under Rule 59 and filed out of time, but can be appealed if treated under Rule 60(b) as a motion for relief from a final order.
• Merlande Richard and Elie Richard v. Bank of Am.
  258 So. 3d 485· Fla. 4th DCA· 2018-11-14 ·cited 15×
  A judgment is void when it violates due process guarantees of notice and an opportunity to be heard, including when summary judgment is granted without a hearing. A void judgment may be challenged at any time under rule 1.540(b)(4), regardless of when the movant learned of it.
• Bayview Loan Servicing, LLC v. Huso Dzidzovic
  249 So. 3d 1265· Fla. 2d DCA· 2018-06-22 ·cited 15×
  Bayview Loan Servicing appealed a trial court order that vacated a final judgment of foreclosure and dismissed its foreclosure action against Huso Dzidzovic, who claimed to have entered into a loan modification agreement with Bayview after the judgment was entered. The Second Dis
• Nack Holdings, LLC v. Kalb
  13 So. 3d 92· Fla. 3d DCA· 2009-05-20 ·cited 15×
  Nack Holdings appeals circuit court orders enforcing an amended final judgment of foreclosure against the Collins Lots. The court reversed, holding that when United Funding received full payment of the ZPO judgment debt in September 2003, Florida Statute § 701.04(1) mandated imme
• Schauer v. Coleman
  639 So. 2d 637· Fla. 2d DCA· 1994-07-01 ·cited 15×
  The Schauers obtained a default judgment for specific performance against the Colemans for breach of a property purchase agreement. Four months later, the Colemans moved to set aside the final judgment under Rule 1.540, claiming fraud and the lack of counsel at the default hearin
• Rollins Burdick Hunter OF NEW York, Inc. v. Euroclassics Ltd., Inc.
  502 So. 2d 959· Fla. 3d DCA· 1987-02-03 ·cited 15×
  An insurance broker (RBH) appealed a judgment for the insured (Euroclassics) in a coverage dispute involving an airplane used for drug smuggling. The court reversed, holding that the trial court abused its discretion by denying RBH's motion to compel discovery when the insured in
• Niki Unlimited, Inc. v. Legal Servs. OF Greater Miami
  483 So. 2d 46· Fla. 3d DCA· 1986-01-14 ·cited 15×
  Niki Unlimited appealed the denial of its motion to set aside a final judgment awarding attorney's fees to Legal Services of Greater Miami. The court affirmed, holding that because the motion for attorney's fees was heard on the merits rather than entered by default, Niki's failu
• Rhines v. Rhines
  483 So. 2d 4· Fla. 2d DCA· 1985-10-04 ·cited 15×
  A husband appealed a final judgment dissolving his marriage and awarding custody of the minor children to the wife. The court affirmed the judgment on the procedural default issue but reversed and remanded regarding child custody, finding the trial court failed to comply with sta
• Casteel v. Maddalena
  109 So. 3d 1252· Fla. 2d DCA· 2013-04-03 ·cited 14×
  In a negligence case arising from a motorcycle-car accident, the trial court granted a motion for relief from judgment based on Rule 1.540(b)(3) (fraud/misconduct), even though the moving party had filed under Rule 1.540(b)(2) (newly discovered evidence) and expressly disclaimed
• Taylor v. Taylor
  67 So. 3d 359· Fla. 4th DCA· 2011-07-20 ·cited 14×
  The Fourth District Court of Appeal reversed the trial court's denial of a former husband's motions for relief from a final divorce judgment and an order awarding his airplane interest to his ex-wife. The court found that the husband provided unrebutted sworn testimony that he ne
• Freedom Commerce Ctr. Venture v. Ranson
  823 So. 2d 817· Fla. 1st DCA· 2002-07-19 ·cited 14×
  The Freedom Commerce Centre Venture defendants appealed the trial court's denial of attorney's fees under section 57.105, Florida Statutes, after the court initially granted but then reversed its ruling on fees related to frivolous post-judgment motions filed by the opposing part
• Fla. Dep't OF Revenue ex rel. R.A.E. v. M.L.S.
  756 So. 2d 125· Fla. 2d DCA· 2000-02-18 ·cited 14×
  The Florida Department of Revenue appeals an order setting aside a child support judgment after the putative father presented DNA evidence excluding him as the biological father. The court affirms, holding that because paternity was never formally adjudicated in the original supp
• Hicks v. Hicks
  715 So. 2d 304· Fla. 5th DCA· 1998-07-17 ·cited 14×
  Stanley Hicks appeals a trial court's dismissal of his motion for rehearing and relief from a dissolution judgment on the ground that the motion was filed by an attorney not yet substituted as counsel of record. The appellate court reverses, holding that while premature filing by
• Monsour v. Bruce Balk, A.I.A., P.A.
  705 So. 2d 968· Fla. 2d DCA· 1998-01-23 ·cited 14×
  Dr. Monsour appeals the denial of his motion for relief from a default judgment in a breach of contract case, arguing the judgment is void due to insufficient service of process. The court agrees and reverses, holding that the trial court failed to conduct the required evidentiar
• Bakalarz v. Luskin
  560 So. 2d 283· Fla. 4th DCA· 1990-04-18 ·cited 14×
  Ronald Bakalarz purchased an apartment from the Luskins without notice of a constructive trust and equitable lien imposed by a Broward County dissolution judgment. The trial court ordered a sheriff's sale of his property to satisfy the lien. The Fourth District reversed, holding
• Blaine Elkins v. State
  555 So. 2d 441· Fla. 3d DCA· 1990-01-16 ·cited 14×
  Elkins appeals the denial of his successive motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850, challenging his counsel's failure to advise him of sentencing guideline options. The court affirmed the denial on grounds that the motion was untimely, su
• Townsend v. Gray Line BUS Co.
  767 F.2d 11· 1st Cir.· 1985-07-12 ·cited 14×
  The court held that the defendant waived its right to a new trial by failing to appear and respond to court notices, and that the finding of racial discrimination was adequately supported by the evidence.
• Raphel R. Anooya v. Hilton Hotels Corp.
  733 F.2d 48· 7th Cir.· 1984-04-26 ·cited 14×
  The court held that the Title VII claim was time-barred and the Section 1981 claim failed to allege racial animus.
• United States v. Sparks
  685 F.2d 1128· 9th Cir.· 1982-08-31 ·cited 14×
  The court held that the district court erred in denying the Government's motion to set aside a dismissal for lack of prosecution based solely on 28 U.S.C. § 2415(e), and remanded for the district court to consider whether extraordinary circumstances justified relief under Fed.R.C
• Brotherhood of Railway v. ST. Louis Sw. Ry. Co.
  676 F.2d 132· 5th Cir.· 1982-05-17 ·cited 14×
  The court held that notice provisions for indispensable parties under the Railway Labor Act are jurisdictional and cannot be waived, and that in this specific case, no indispensable party required notice.
• Pingree v. Portia Elaine Quaintance
  394 So. 2d 161· Fla. 1st DCA· 1981-02-11 ·cited 14×
  The Florida Department of Health and Rehabilitative Services appealed a trial court's summary judgment ordering it to comply with statutory requirements for judicial review of children in foster care. The appellate court affirmed, holding that Section 409.168 creates a mandatory
• Eutectic Corp. v. Metco, Inc.
  597 F.2d 32· 2d Cir.· 1979-04-30 ·cited 14×
  The district court correctly held it lacked jurisdiction to consider the Rule 60(b) motion seeking to alter a court of appeals' judgment.
• Najeeb Khan v. Dep't OF Revenue
  901 So. 2d 992· Fla. 4th DCA· 2005-05-11 ·cited 13×
  The trial court entered a default child support judgment against a father as a sanction for discovery violations, but without notice that the merits of child support would be addressed at a sanctions hearing. The appellate court reversed, holding that due process requires proper
• DEL Conte Enters., Inc. v. Thomas Publ'g Co.
  711 So. 2d 1268· Fla. 3d DCA· 1998-05-20 ·cited 13×
  Del Conte Enterprises appealed the denial of its motion to vacate a judgment entered against it by Thomas Publishing Company. The court reversed, holding that a judgment entered without proper service of process is void and can be vacated at any time under Florida Rule of Civil P
• Citizens & Peoples Nat'l Bank OF Pensacola v. Futch
  650 So. 2d 1008· Fla. 1st DCA· 1994-03-30 ·cited 13×
  Citizens & Peoples National Bank appealed a trial court order distributing proceeds from a $170,000 letter of credit securing a judgment between Head and Futch. The court affirmed the distribution of $67,906.55 to Futch and reversed the award of $15,056.85 to Head's attorney Kerr
• Patton v. State Dep't of Health & Rehabilitative Servs.
  597 So. 2d 302· Fla. 2d DCA· 1991-09-25 ·cited 13×