Motion For Relief From Judgment

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

• Arthur v. Arthur
  543 So. 2d 349· Fla. 5th DCA· 1989-05-11 ·cited 13×
  Samuel Arthur appealed the denial of his motion to set aside a dissolution judgment for lack of personal jurisdiction and due process. The Florida appellate court affirmed, holding that the complaint contained sufficient jurisdictional allegations regarding a Florida marital domi
• Willits v. Yellow Cab Co.
  214 F.2d 612· 7th Cir.· 1954-07-01 ·cited 13×
  The court held that the defendant waived its defense of release by failing to raise it properly and timely, and that other alleged errors were not grounds for reversal.
• Molinos DEL S.A. v. E.I. Dupont de Nemours & Co.
  947 So. 2d 521· Fla. 4th DCA· 2006-12-20 ·cited 12×
  The Fourth District Court of Appeal reversed the trial court's denial of motions for relief from judgment filed by shrimp farm operators who had obtained favorable verdicts against DuPont in Benlate litigation. The court held that the one-year deadline under Florida Rule of Civil
• LPP Mortg. Ltd. v. Bank OF Am., N.A.
  826 So. 2d 462· Fla. 3d DCA· 2002-09-18 ·cited 12×
  LPP Mortgage appeals a trial court order granting Bank of America relief from judgment under Florida Rule of Civil Procedure 1.540 to correct a judgment that mistakenly omitted $9,459.64 in real estate taxes paid by the bank. The court affirmed, holding that where a party with ac
• Allstate Ins. Co. v. Gulisano
  722 So. 2d 216· Fla. 2d DCA· 1998-10-09 ·cited 12×
  The court held that the trial court erred in granting the Gulisanos' motion for relief from judgment because the motion was untimely and not supported by grounds under Rule 1.540, and the Gulisanos failed to take necessary steps to protect their interests regarding Mr. Gulisano's
• Sponga v. Warro
  698 So. 2d 621· Fla. 5th DCA· 1997-08-29 ·cited 12×
  Angela Warro settled her negligence claim against Robert Sponga for $12,500 based on an orthopedist's report she believed stated her shoulder injury was unrelated to the accident. After settlement, she learned the report contained errors and the physician actually believed the in
• Picco v. Global Marine Drilling Co.
  900 F.2d 846· 5th Cir.· 1990-05-15 ·cited 12×
  The court held that the district court abused its discretion by setting aside a prior forum non conveniens dismissal based on the automatic stay and a subsequent change in law, as the stay did not divest jurisdiction and the change in law did not constitute extraordinary circumst
• Williams v. Brown & Root, Inc.
  828 F.2d 325· 5th Cir.· 1987-10-02 ·cited 12×
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion to set aside a dismissal for failure to prosecute, as the attorney's inadvertent mistake did not constitute sufficiently unique circumstances for relief.
• Fed. Data Corp. v. SMS Data Prods. Grp., Inc.
  819 F.2d 277· Fed. Cir.· 1987-04-21 ·cited 12×
  The Board abused its discretion by denying a joint motion to dismiss a protest after the parties had settled their dispute.
• United States v. Young
  806 F.2d 805· 8th Cir.· 1986-12-05 ·cited 12×
  The court held that the district court did not abuse its discretion in denying the Rule 60(b) motion or in issuing the writ of assistance.
• Phrances Howard v. McAULEY
  436 So. 2d 392· Fla. 2d DCA· 1983-08-19 ·cited 12×
  The appellate court affirmed the trial court's order vacating a default and default final judgment, holding that the trial court had jurisdiction to entertain the defendant's "petition for rehearing" of a non-final order.
• In re Hillard T. Roach v. Hillard T. Roach
  660 F.2d 1316· 9th Cir.· 1981-09-30 ·cited 12×
  The court held that notices of postponement of sale, which specify a new sale date, do not violate the automatic stay and that the denial of Roach's motions was not an abuse of discretion.
• Nat'l Acceptance Co. OF Am., Inc. v. Frigidmeats, Inc.
  627 F.2d 764· 7th Cir.· 1980-06-27 ·cited 12×
  The court affirmed the district court's dismissal of the appeal, finding that the bankruptcy court's turnover orders had no res judicata or collateral estoppel effect on the appellant's claims.
• Murphy Smith, Jr. v. Mo. Pac. R.R. Co.
  615 F.2d 683· 5th Cir.· 1980-04-18 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying a Rule 60(b) motion to set aside an agreed order modifying a seniority system, as the motion was untimely and brought by non-parties.
• The Ohio Cas. Grp. v. Parrish
  338 So. 2d 910· Fla. 3d DCA· 1976-11-02 ·cited 12×
  Ohio Casualty Group, a workers' compensation carrier, appealed a trial court order denying its motion to modify a previously affirmed lien award. The court held that once a judgment is affirmed on appeal, the trial court lacks jurisdiction to modify it without prior permission fr
• Bank OF Am., N.A. v. Kipps Colony II Condo. Ass'n, Inc.
  201 So. 3d 670· Fla. 2d DCA· 2016-07-15 ·cited 11×
  Bank of America challenged trial court rulings denying its motions for relief from judgment in a condominium lien foreclosure action. The court reversed, holding that the foreclosure judgment was void because it purported to foreclose Bank of America's senior first mortgage, whic
• Stevens v. Nationstar Mortg., LLC
  133 So. 3d 628· Fla. 5th DCA· 2014-03-07 ·cited 11×
  Stevens appealed the denial of his motions for relief from a foreclosure judgment, contending he was never served with the notice of issue or trial order. The court reversed, finding that the failure to serve Stevens violated his due process rights under Florida's judicial admini
• Shiloh Toler and Troy Toler v. Bank OF Am.
  78 So. 3d 699· Fla. 4th DCA· 2012-02-01 ·cited 11×
  The Tolers appealed the trial court's denial of their motion to vacate a summary judgment in a mortgage foreclosure action. Although the appellate court found the motion was timely filed, it affirmed the denial because the Tolers failed to allege a colorable basis for relief unde
• Miami-Dade Cnty. v. Second Sunrise Inv. Corp.
  56 So. 3d 82· Fla. 3d DCA· 2011-03-02 ·cited 11×
  Miami-Dade County appeals a trial court order that modified a final judgment to require the County to return tax deed surplus funds to the court registry. The appellate court reverses, holding that the trial court lacked jurisdiction to modify the final judgment because the motio
• Robinson v. Weiland
  936 So. 2d 777· Fla. 5th DCA· 2006-09-01 ·cited 11×
  Robinson appealed a judgment awarding annuity proceeds to Weiland and Cetrano, claiming the change of beneficiary forms were invalid due to lack of execution or undue influence. The court affirmed on the manifest weight of evidence issue but reversed and remanded because the tria
• Cape Royal Realty, Inc. v. Kroll
  804 So. 2d 605· Fla. 5th DCA· 2002-01-18 ·cited 11×
  Cape Royal Realty appeals the trial court's order setting aside a dismissal for lack of prosecution. The Fifth District holds it lacks jurisdiction because the order setting aside the dismissal is a non-final, non-appealable order, and Kroll's motion functioned as a timely motion
• Virgel Bennett v. Ward
  667 So. 2d 378· Fla. 1st DCA· 1995-12-04 ·cited 11×
  Bennett appeals a foreclosure judgment and judicial sale of his property, arguing he received inadequate notice of trial and the subsequent judicial sale. The court reverses the denial of his motion for relief from judgment regarding the judicial sale, finding he was not properly
• Gregory v. Connor
  591 So. 2d 974· Fla. 5th DCA· 1991-12-12 ·cited 11×
  This case involves a personal injury lawsuit against a restaurant owner, a default judgment, and subsequent disputes over insurance coverage and proper party defendants.
• Anatol Kozlowski v. Coughlin
  871 F.2d 241· 2d Cir.· 1989-03-17 ·cited 11×
• Harris v. Union Elec. Co.
  846 F.2d 482· 8th Cir.· 1988-05-09 ·cited 11×
  The district court had jurisdiction to grant a credit for settlement funds that partially satisfied a judgment, but erred in crediting the full amount when part of the settlement did not benefit the entire plaintiff class.
• Palmer v. Inez Palmer
  479 So. 2d 221· Fla. 5th DCA· 1985-11-29 ·cited 11×
  In this dissolution of marriage case, the trial court granted the ex-wife's motion for relief from judgment under Florida Rule of Civil Procedure 1.540, finding her mentally incompetent to enter the property settlement agreement and voiding the 1980 judgment. The appellate court
• Pierce v. United Mine Workers OF Am. Welf. & Ret. Fund FOR 1950 & 1974 Julius Mullins
  770 F.2d 449· 6th Cir.· 1985-08-26 ·cited 11×
  The court held that the district court abused its discretion by granting the plaintiff's Rule 60(b) motion, as the motion was based on legal error and not cognizable under Rule 60(b)(2) or (6), and was time-barred.
• Weitzman v. F.I.F. Consultants, Inc.
  468 So. 2d 1085· Fla. 3d DCA· 1985-05-14 ·cited 11×
  Weitzman sued to vacate a judgment against him that was originally obtained by his fraud perpetrator Stein's company. The court held that a judgment cannot be enforced by the wrongdoer who caused its entry, as this would reward the wrongdoer and penalize the victim, and vacated t
• Streater v. Stamper
  466 So. 2d 397· Fla. 1st DCA· 1985-03-28 ·cited 11×
  Appellant Streater challenges an order vacating a paternity judgment against appellee Stamper. The court erred in granting Stamper's second Rule 1.540(b) motion for relief based on fraud and perjury allegations, as the motion was untimely under the one-year limitation period and
• Ovall Dale Kendall v. The Hoover Co.
  751 F.2d 171· 6th Cir.· 1984-12-27 ·cited 11×
  The court held that summary judgment was properly granted because the plaintiff failed to raise a genuine issue of material fact regarding age discrimination and did not request a hearing or utilize procedural rules for extensions.
• Southerland v. Irons
  628 F.2d 978· 6th Cir.· 1980-08-29 ·cited 11×
  The court held that an attorney who misrepresented his intent to satisfy a Medicaid lien from settlement proceeds committed fraud on the court, and the lower court did not err in reallocating settlement funds and reducing the attorney's fee.
• Bodner v. Blackwelder
  181 So. 2d 373· Fla. 3d DCA· 1965-12-28 ·cited 11×
  Bodner appeals the circuit court's denial of his motion for relief from a foreclosure decree, arguing the decree was void because it included amounts outside those directed by a prior appellate mandate. The court affirmed, holding that even if the chancellor mistakenly included i
• Pino v. The Bank OF NEW York Mellon
  57 So. 3d 950· Fla. 4th DCA· 2011-03-30 ·cited 10×
  In a mortgage foreclosure action, the Florida Fourth District Court of Appeal affirmed the trial court's denial of defendant Pino's motion to vacate a voluntary dismissal filed by BNY Mellon. The court held that a defendant cannot use Rule 1.540(b) or common law exceptions to str
• Zivitz v. Zivitz
  16 So. 3d 841· Fla. 2d DCA· 2009-05-22 ·cited 10×
  Robert Zivitz appeals a garnishment judgment awarding proceeds from his condominium sale to his ex-wife and son. The trial court struck Robert's untimely homestead exemption claim because he failed to file it within 20 days of receiving garnishment notice as required by Florida s
• Pianeta Miami, Inc. v. Lieberman
  949 So. 2d 215· Fla. 3d DCA· 2006-11-15 ·cited 10×
  Pianeta Miami appeals from a trial court order denying its motion to release funds held in escrow that exceeded the final judgment amount plus prejudgment interest. The court holds that the order improperly restrains Pianeta's unrestricted assets and constitutes an unjustified in
• Hutchison v. Chase Manhattan Bank & Jimmy Lee Parks
  922 So. 2d 311· Fla. 2d DCA· 2006-02-17 ·cited 10×
  Ivan Hutchison appeals the denial of his motion for relief from a void judgment after being evicted from property (Lot 26) he owned, despite never being named as a defendant or served in Chase Manhattan Bank's foreclosure action against a neighboring property (Lot 25). The court
• Kozich v. DeBRINO
  837 So. 2d 1041· Fla. 4th DCA· 2002-12-18 ·cited 10×
  Kozich appealed a trial court's dismissal of his counterclaims against DeBrino Caulking, its owner Albert DeBrino, and their surety IFIC. The court reversed the dismissal as to IFIC, holding that preliminary injunction findings cannot serve as binding "law of the case" on final h
• Abdur'rahman v. Bell
  537 U.S. 88· U.S.· 2002-12-10 ·cited 10×
• M.W. v. Dep't OF Child. & Families
  769 So. 2d 513· Fla. 1st DCA· 2000-10-23 ·cited 10×
  This case concerns a mother's attempt to appeal the termination of her parental rights after her notice of appeal was untimely filed. The court explains the procedural steps available for such situations, ultimately dismissing the current appeal for lack of jurisdiction.
• Magna M. Decubellis v. Ritchotte
  730 So. 2d 723· Fla. 5th DCA· 1999-02-05 ·cited 10×
  In a mortgage foreclosure dispute, the Fifth District Court of Appeal reversed a foreclosure judgment obtained by Orange County Raceway against property owners who were never served with process or given notice of the proceedings. The court held that the Raceway failed to properl
• Freber v. State
  638 So. 2d 140· Fla. 4th DCA· 1994-06-08 ·cited 10×
  Freber appealed the denial of his motion to vacate his guilty plea and sentence under Florida Rule 3.850, claiming inadequate plea colloquy and lack of inquiry into potential defenses. The Fourth District Court of Appeal affirmed the trial court's denial, finding no prejudice or
• In re the Marriage of Edward N. Claughton, Jr. v. Claughton
  625 So. 2d 853· Fla. 3d DCA· 1993-08-17 ·cited 10×
  In a post-divorce equitable distribution dispute, the appellate court affirmed the trial court's valuation and 50-50 distribution of marital assets, affirmed the denial of the current wife's motion to intervene, and affirmed attorney's fees to the former wife but reversed and rem
• Seinsheimer Cos., Inc. v. Cobia Point Condo. Ass'n, Inc.
  616 So. 2d 1136· Fla. 3d DCA· 1993-04-13 ·cited 10×
  The trial court abused its discretion in denying the defendants' motion for relief from judgment.
• Christensen v. Ward
  916 F.2d 1462· 10th Cir.· 1990-06-29 ·cited 10×
  The court affirmed the district court's dismissal of the plaintiff's claims, finding that the defendants were immune from suit and that the plaintiff failed to present a valid issue for trial.
• Leonard v. Floretta McKENZIE
  869 F.2d 1558· D.C. Cir.· 1989-03-17 ·cited 10×
  The court affirmed the district court's decision, holding that the Prospect Learning Center was an appropriate educational placement for Brandon and that the district court did not err in denying the preliminary injunction.
• Trundle v. Bowen
  830 F.2d 807· 8th Cir.· 1987-09-02 ·cited 10×
  The court held that the district court erred in failing to award attorney's fees under the EAJA because the government's position defending the denial of benefits was not substantially justified.
• Marine Bank v. The Meat Counter, Inc.
  826 F.2d 1577· 7th Cir.· 1987-08-26 ·cited 10×
  The court held that genuine issues of material fact remained regarding whether the defendant justifiably relied on a misrepresentation, thus precluding summary judgment.
• ST. Mary's Health Ctr. OF Jefferson City v. Bowen
  821 F.2d 493· 8th Cir.· 1987-06-17 ·cited 10×
  The court held that it lacked appellate jurisdiction because the February 7 order was not a final judgment, rendering subsequent orders and appeals premature. The appeals were dismissed.
• Kidder v. Barney Allyn Hess
  481 So. 2d 984· Fla. 5th DCA· 1986-01-23 ·cited 10×
  The court held that the trial court erred in denying the father's motion for relief from judgment without a hearing, as his letter should have been treated as an appearance and the allegations of fraud warranted an evidentiary hearing.
• Crutcher v. The AETNA Life Ins. Co.
  746 F.2d 1076· 5th Cir.· 1984-11-19 ·cited 10×
  The court held that the district court did not abuse its discretion in denying Crutcher's Rule 60(b) motion to set aside the judgment and in dismissing his counterclaims, as he failed to demonstrate a meritorious defense or lack of opportunity to present his case.