Motion For Relief From Judgment

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

• Price v. Norbert Pelka
  690 F.2d 98· 6th Cir.· 1982-10-11 ·cited 10×
  The court held that a district judge has discretion to deny attorney's fees to a prevailing plaintiff in a civil rights case if the plaintiff engaged in inequitable conduct, such as perjury.
• Reinforcing Iron Workers Local Union 426, Int'l Ass'n OF Bridge, Structural & Ornamental Iron Workers, AFL-CIO v. Bechtel Power Corp.
  634 F.2d 258· 6th Cir.· 1981-01-29 ·cited 10×
  Payments by an employer to an industry steward fund, where the steward is controlled by the union and primarily benefits the union, violate Section 302(a) of the Labor Management Relations Act.
• Great Am. Trading Corp. v. I.C.P. Cocoa, Inc.
  629 F.2d 1282· 7th Cir.· 1980-09-23 ·cited 10×
  The court held that the district court erred in denying GATC an evidentiary trial on the making of an arbitration agreement, as required by the United States Arbitration Act.
• Cap. Invs. Co. v. Devers
  387 F.2d 591· 4th Cir.· 1967-12-07 ·cited 10×
  The court held that Capital Investors' appeal was without merit and affirmed the district court's finding of interest, and affirmed the denial of Devers' motion for a new trial as untimely.
• Lincoln Bank & Tr. Co. v. Exch. Nat'l Bank & Tr. Co.
  383 F.2d 694· 10th Cir.· 1967-09-12 ·cited 10×
  The court held that the Exchange Bank's proposed branch facility complied with the Oklahoma statute regarding distance and permitted functions, and that the district court correctly declined to review the Comptroller's approval.
• Falagon v. State
  186 So. 2d 804· Fla. 4th DCA· 1966-05-27 ·cited 10×
  Morris Morgan Falagon, an unmarried minor, challenged the validity of his second judgment and sentence for breaking and entering and grand larceny because his parents were not notified of the second arraignment and proceedings. The court affirmed the denial of his motion for reli
• Zysset v. Popeil Bros., Inc.
  318 F.2d 701· 7th Cir.· 1963-06-03 ·cited 10×
  The court held that the patentee is entitled to the infringer's profits, not just a reasonable royalty, and that certain deductions from those profits were improper. The court also held that costs were not recoverable due to a late disclaimer.
• Kananen v. Sec'y, Dep't of Corr.
  606 F. 3d 1296· 11th Cir.· 2025-10-28 ·cited 9×
  The court held that the notice of appeal was untimely for the initial judgment but timely for the denial of the Rule 60(b) motion, thus dismissing part of the appeal sua sponte.
• Webber v. D'Agostino
  251 So. 3d 188· Fla. 4th DCA· 2018-07-05 ·cited 9×
  A promissory note's provision for attorney's fees in connection with collection of the note is broad enough to encompass post-judgment litigation expenses, and section 57.115 authorizes recovery of attorney's fees incurred in connection with execution on a judgment even after the
• Fonseca v. Taverna Imports, Inc.
  193 So. 3d 92· Fla. 3d DCA· 2016-05-18 ·cited 9×
  Richard Fonseca sought a writ of certiorari and prohibition to prevent a trial court from entering an offset order that would modify four judgments from two separate cases while appeals were pending before the appellate court. The Florida District Court of Appeal granted the peti
• Peterson v. Lake Surprise II Condo. Assoc.
  118 So. 3d 313· Fla. 3d DCA· 2013-07-31 ·cited 9×
  Peterson purchased property at a judicial foreclosure sale after the trial court granted the mortgagee's motion to vacate a default judgment and set aside the sale. The appellate court reversed, holding that the mortgagee's conscious decision not to file an answer—despite advice
• Harbor Specialty Ins. Co. v. Schwartz
  932 So. 2d 383· Fla. 2d DCA· 2006-03-31 ·cited 9×
  Harbor Specialty Insurance Company appealed the trial court's denial of its post-judgment motion to intervene in a tort action between Sally Schwartz and Steven English. The court affirmed, holding that Harbor Specialty lacked a direct and immediate interest in the judgment neces
• Goolsby v. State
  914 So. 2d 494· Fla. 5th DCA· 2005-11-10 ·cited 9×
  An order entered by a judge who has recused herself is void and without effect, and the defendant is entitled to a new hearing on his postconviction motion before a different judge.
• MacDOUGALL v. Kutina
  798 So. 2d 30· Fla. 4th DCA· 2001-10-17 ·cited 9×
  The court held that the husband waived any objection to defective service of process by his conduct and participation in prior proceedings.
• Alex v. MacAr
  779 So. 2d 479· Fla. 2d DCA· 2000-11-03 ·cited 9×
  A husband appeals an order setting aside the financial provisions of a final divorce judgment based on the trial court's application of prenuptial agreement validity tests to a settlement agreement reached during litigation and incorporated into a final judgment. The appellate co
• Polk Cnty. Rand Invs., Inc. v. State
  666 So. 2d 279· Fla. 2d DCA· 1996-01-19 ·cited 9×
  The court held that a judgment entered against a dissolved corporation based on service of process on its former registered agent, rather than on a director as required by statute, is void. The trial court erred in denying the corporation's motion for relief from judgment.
• Kline v. Belco, Ltd.
  480 So. 2d 126· Fla. 3d DCA· 1985-12-03 ·cited 9×
  Kline, an unsuccessful personal injury plaintiff, appeals the denial of his motion for relief from judgment based on newly-discovered evidence. The newly-discovered W-2 form proved Kline's testimony about employment was truthful, contradicting the defendant's impeaching evidence
• Georges v. Ins. Technicians, Inc.
  448 So. 2d 1185· Fla. 4th DCA· 1984-04-18 ·cited 9×
  Appellants challenged an order imposing sanctions, striking pleadings, and entering a default judgment against them for failure to comply with discovery orders and court-ordered production deadlines. The appellate court affirmed the sanctions, finding the trial court's factual fi
• Ammons v. Baldwin
  705 F.2d 1445· 5th Cir.· 1983-05-31 ·cited 9×
  The court held that while a judge's threat of physical harm is not protected by judicial immunity, the plaintiff's claim failed because the alleged threat did not rise to the level of injury required for federal jurisdiction.
• William Skillings & Assocs. v. Cunard Transp., Ltd.
  594 F.2d 1078· 5th Cir.· 1979-05-14 ·cited 9×
  The court held that a release executed by a partnership did not satisfy a judgment entered in favor of individual partners, and the judgment debtors' attempt to have the judgment marked satisfied was untimely.
• Fagan v. Powell
  237 So. 2d 579· Fla. 3d DCA· 1970-07-14 ·cited 9×
  A physician appeals the vacation of a judgment in his favor in a medical malpractice case, arguing the trial court erred by denying his request for a jury trial on the motion to vacate and by finding his conduct constituted fraud on the court. The appellate court affirmed the vac
• Locklin v. Switzer Bros., Inc.
  335 F.2d 331· 7th Cir.· 1964-07-24 ·cited 9×
  The denial of post-trial motions and affirmance of those denials in California courts are res judicata of later independent equitable actions in this circuit, even when based on similar grounds.
• Philippine Nat'l Bank v. Robert F. Kennedy Attorney General of the United States
  295 F.2d 544· D.C. Cir.· 1961-10-19 ·cited 9×
  The court held that even if a motion to set aside a judgment is treated as an independent action, it must meet the same substantive requirements as a Rule 60(b) motion for newly-discovered evidence.
• Padilla v. Redmont Props. LLC
  53 F.4th 1303· 11th Cir.· 2022-11-18 ·cited 8×
  The Eleventh Circuit dismissed the appeal because the district court lacked subject matter jurisdiction to hear the attorney's fee dispute between the former client and attorney.
• Garcia v. Christiana Tr.
  230 So. 3d 66· Fla. 3d DCA· 2017-08-23 ·cited 8×
  The Florida Third District Court of Appeal enforced its prior mandate requiring reinstatement of a 2013 Final Judgment of Foreclosure, holding that a general reservation of jurisdiction in a foreclosure judgment does not permit a trial court to eliminate a lien more than three ye
• Dev D. Dabas and Sumedha Dabas v. Boston Invs. Grp., Inc.
  231 So. 3d 542· Fla. 3d DCA· 2017-08-02 ·cited 8×
  The Dabases, as lenders who foreclosed on property and obtained a deficiency judgment, appealed the trial court's order setting aside the deficiency judgment as void under Florida Rule of Civil Procedure 1.540(b)(4). The Third District reversed, holding that the deficiency judgme
• Richards v. Crowder
  191 So. 3d 524· Fla. 4th DCA· 2016-05-10 ·cited 8×
  John Richards appealed a trial court's summary denial of his motion for relief from judgment in a stalking injunction case. The Fourth District Court of Appeal reversed, holding that Richards's motion and supporting affidavits stated a colorable entitlement to relief requiring an
• Knowlan Dawson v. Wachovia Bank, N.A.
  61 So. 3d 1218· Fla. 3d DCA· 2011-05-18 ·cited 8×
  Knowlan Dawson appealed the trial court's denial of his motions to vacate a foreclosure sale and strike the final judgment of foreclosure on commercial property. Dawson defaulted on a mortgage with Wachovia Bank, entered into a forbearance agreement which he later breached, and r
• Lewis v. State
  928 So. 2d 384· Fla. 1st DCA· 2006-03-29 ·cited 8×
  The court dismissed the appeal for lack of jurisdiction because the notice of appeal was untimely filed more than thirty days after the October 22, 2004 order denying relief from judgment, and a subsequent motion for refund of filing fees was unauthorized and could not delay rend
• King v. Fergeson
  862 So. 2d 873· Fla. 2d DCA· 2003-12-17 ·cited 8×
  Carole King appealed a trial court order awarding attorney's fees to her sister's law firm in a guardianship proceeding involving their incapacitated mother. The appellate court reversed, holding that the fee award was procedurally defective because Carole King, an active party t
• Anderson v. Anderson
  746 So. 2d 525· Fla. 2d DCA· 1999-12-10 ·cited 8×
  The court held that the appellant was not entitled to relief from the dissolution judgment based on fraud, as he possessed the information to question paternity before the final judgment was entered.
• Gostyla v. Gostyla
  708 So. 2d 674· Fla. 2d DCA· 1998-04-08 ·cited 8×
  Laurie Ann Gostyla appealed an order denying her motion to set aside a final judgment of dissolution based on her former husband's alleged fraud. The appellate court reversed, holding that Gostyla adequately alleged intrinsic fraud and was entitled to an evidentiary hearing on th
• Medina v. Singletary
  960 F. Supp. 275· M.D. Fla.· 1997-03-24 ·cited 8×
  The court held that a petitioner must obtain authorization from the appellate court before filing a second or successive habeas corpus application in the district court under AEDPA, and dismissed the case without prejudice to allow the petitioner to seek such authorization.
• Douglas Martin, M.D. v. Lenahan
  658 So. 2d 119· Fla. 4th DCA· 1995-06-07 ·cited 8×
  Dr. Martin and his malpractice insurer appealed a trial court order denying their claim for restitution of attorney's fees and costs paid to the Lenahans' counsel from settlement funds, after the Lenahans were discovered to have committed fraud in obtaining the original judgment.
• Steffens v. Steffens
  593 So. 2d 1156· Fla. 2d DCA· 1992-02-12 ·cited 8×
  A trial court lacks jurisdiction to enter personal judgments against a party not personally served, even if it has jurisdiction to dissolve the marriage.
• Paris Hoyt Carriger v. Lewis
  948 F.2d 588· 9th Cir.· 1991-11-04 ·cited 8×
  The court held that the district court's orders granting summary judgment and refusing to vacate it are affirmed, while its subsequent Rule 60(b) orders are vacated for want of jurisdiction, and the second habeas petition is dismissed.
• Sottile v. Sottile
  551 So. 2d 608· Fla. 5th DCA· 1989-11-09 ·cited 8×
  Jennifer Sottile appeals the denial of her motion for relief from judgment under Florida Rule of Civil Procedure 1.540, seeking to restore the trial court's jurisdiction to award attorney's fees in a child custody modification case. The Fifth District Court of Appeal reverses, ho
• Alexander v. Robertson
  882 F.2d 421· 9th Cir.· 1989-08-14 ·cited 8×
  The court held that vacating a judgment is an inappropriate sanction for an attorney's unlicensed practice of law when the misconduct did not affect the judgment's merits or the judicial process's integrity, and other remedies are available.
• Gibbons v. L.W. Blake Mem'l Hosp.
  538 So. 2d 1386· Fla. 2d DCA· 1989-03-03 ·cited 8×
  Sophia Gibbons appealed the trial court's denial of her motion for relief from judgment after her complaint was dismissed for failure to timely amend. The court affirmed, holding that the appellant failed to present competent evidence of excusable neglect and thus did not demonst
• Ismail Mohammed v. Sullivan
  866 F.2d 258· 8th Cir.· 1989-01-25 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the Rule 60(b) motion because the intervening change in law was irrelevant due to lack of jurisdiction and did not limit prison officials' discretion.
• Austin v. B.J. Apparel Corp.
  527 So. 2d 206· Fla. 3d DCA· 1987-10-27 ·cited 8×
  The Third District Court of Appeal addressed whether B.J. Apparel Corp. could appeal a non-final order denying relief from judgment when the original appeal by the Austins was from a different order. The court held that despite technical defects in the notice of cross-appeal, the
• Ashland OIL, Inc. v. DELTA OIL Prods. Corp.
  806 F.2d 1031· Fed. Cir.· 1986-12-02 ·cited 8×
  The court held that the district court did not abuse its discretion in denying Ashland's motion for relief from judgment under Fed.R.Civ.P. 60(b)(5) or 60(b)(6).
• B.I. v. State
  492 So. 2d 824· Fla. 2d DCA· 1986-08-13 ·cited 8×
  A 16-year-old appellant was adjudicated delinquent for grand theft of an automobile and driving without a valid license after waiving his right to counsel. The Florida appellate court reversed the judgment, holding that the trial judge failed to comply with juvenile procedure rul
• The D.L. Auld Co. v. Chroma Graphics Corp.
  753 F.2d 1029· Fed. Cir.· 1985-01-28 ·cited 8×
  The court held that the Federal Magistrates Act of 1979 is constitutional and that a Rule 60(b) motion is not a basis to reopen a judgment based on previously litigated issues or frivolous arguments.
• United States v. 397.51 Acres OF Land
  692 F.2d 688· 10th Cir.· 1982-10-29 ·cited 8×
  The court held that the brother's promise to pay a portion of the condemnation award was a personal contract not subject to the rule against perpetuities, and affirmed the district court's judgment regarding the division of the award. The court remanded the interest issue for fur
• Robert E. King, M.D. v. Harrington
  411 So. 2d 912· Fla. 2d DCA· 1982-03-05 ·cited 8×
  A medical malpractice case where a jury verdict in favor of a defendant ophthalmologist was challenged by plaintiffs seeking a new trial based on newly discovered evidence. The appellate court reversed the trial court's order granting the new trial motion, holding that the plaint
• Jerrico, Inc. v. Wash. Nat'l Ins. Co.
  400 So. 2d 1316· Fla. 5th DCA· 1981-07-15 ·cited 8×
  Jerrico, a restaurant tenant, appealed a judgment requiring it to operate two restaurants under a lease with percentage-based rent. The court held that the lease's terms, including specific operational requirements and percentage rent tied to both restaurants' receipts, created a
• Kellin v. ACF Indus. & Bhd. of Ry. Carmen Local No. 365
  629 F.2d 532· 8th Cir.· 1980-08-20 ·cited 8×
  The court held that the district court's finding that ACF discharged the appellant for legitimate, non-discriminatory reasons was not clearly erroneous, but remanded the retaliation claim against ACF due to a factual error regarding the date of an EEOC charge.
• In re Four Seasons Securities Laws Litigation. Randolph Phillips v. Clark
  525 F.2d 500· 10th Cir.· 1975-10-28 ·cited 8×
  An absent class member who received settlement proceeds and signed a release is bound by the class action judgment and cannot later use Rule 60(b) to challenge the settlement's adequacy or the judgment based on alleged lack of knowledge.
• Algonac Mfg. Co. (a close Mich. Corporation) & John A. Maxwell v. The United States
  458 F.2d 1373· Ct. Cl.· 1972-05-12 ·cited 8×
  The court held that the plaintiffs' motion for relief from judgment based on fraud was denied because the alleged fraud was not proven, the facts were known to the plaintiffs prior to the judgment, and the motion was filed outside the one-year time limit.