Motion For Relief From Judgment

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

• Blum v. Avick
  172 So. 2d 495· Fla. 3d DCA· 1965-02-26 ·cited 8×
  In this partnership dissolution dispute, the court affirmed the chancellor's refusal to set aside a written dissolution agreement and the award of tax pro-ration relief, but reversed the portion of the decree concerning mortgage release terms, finding the chancellor erred in cons
• Coral Gables Imports, Inc. v. Suarez
  219 So. 3d 101· Fla. 3d DCA· 2017-04-26 ·cited 7×
  The appellate court affirmed the trial court's decision to vacate a dismissal for lack of prosecution. The court found that the dismissal order was void because the plaintiff did not receive notice and there was record activity in the case, making the one-year time limit for vaca
• Franklin v. Bank OF Am., N.A.
  202 So. 3d 923· Fla. 1st DCA· 2016-10-19 ·cited 7×
  Franklin appeals a summary judgment foreclosure order, arguing the trial court lost jurisdiction after dismissing the case without prejudice. The First District Court of Appeal reversed, holding that the trial court's jurisdiction expired after the dismissal order became final, a
• D.M.J. v. A.J.T.
  190 So. 3d 1129· Fla. 2d DCA· 2016-04-29 ·cited 7×
  A father appealed trial court orders modifying a paternity judgment by increasing the mother's time-sharing, designating her as the decision maker for education and nonemergency healthcare, and ordering the child to attend a specific school. The appellate court reversed, finding
• R.W. v. Dep't of Child. & Families
  164 So. 3d 15· Fla. 1st DCA· 2015-03-26 ·cited 7×
  The appellate court dismissed the appeal concerning the denial of the motion to set aside the surrender of parental rights for lack of jurisdiction, affirming the final judgment terminating parental rights.
• Twylah Adams v. Est. OF Thomas Dean Henderson, Sr.
  155 So. 3d 485· Fla. 4th DCA· 2015-01-21 ·cited 7×
  The court held that a trial court lacks authority to grant relief on a second motion for relief from judgment when the grounds were already decided in a prior order denying the first motion, even if the judgment is voidable.
• Dannie Stanford Holden, Jr. v. State
  90 So. 3d 902· Fla. 1st DCA· 2012-06-14 ·cited 7×
  In this Anders appeal, Appellant Holden challenged the trial court's denial of his motion to suppress his confession and the admission of child victim hearsay statements after pleading nolo contendere to attempted sexual battery and resisting an officer. The First District affirm
• Blanton v. Baltuskouis
  20 So. 3d 881· Fla. 4th DCA· 2009-09-02 ·cited 7×
  Blanton appeals a judgment for monetary damages awarded to Baltuskouis for breach of contract, arguing the trial court erred in allowing Baltuskouis to pursue a damages claim that was neither pleaded nor tried by consent or waiver. The Fourth District Court of Appeal agrees and r
• Sumler v. State
  958 So. 2d 1001· Fla. 1st DCA· 2007-05-25 ·cited 7×
  Sumler appeals a circuit court order denying his Motion for Relief from Order and holding he had no right to pursue a direct appeal from the denial of his habeas corpus petition. The court reverses, holding that orders denying habeas petitions are reviewable by direct appeal to t
• Cecena v. Chambers
  938 So. 2d 646· Fla. 2d DCA· 2006-10-11 ·cited 7×
  The Florida Second District Court of Appeal reversed a trial court's modification of custody, holding that the court failed to apply the mandatory substantial change in circumstances test required for all custody modifications under Wade v. Hirschman. The court remanded for recon
• Junda v. Diez
  848 So. 2d 457· Fla. 4th DCA· 2003-07-02 ·cited 7×
  The trial court abused its discretion by setting aside a final judgment of annulment based on a claim of newly discovered evidence when the party seeking relief failed to exercise due diligence.
• U.S. Tobacco Co. v. The Hartford Accident & Indem. Co.
  444 So. 2d 81· Fla. 2d DCA· 1984-01-27 ·cited 7×
  The court held that a default judgment entered without strict compliance with statutory substituted service requirements, including notice by mail, is void and should be set aside.
• Wright v. Fla. Dep't of Corr. & Sheila Szala
  Fla. 1st DCA· 2026-04-08 ·cited 6×
  Walter Lee Wright petitioned for a writ of mandamus against the Florida Department of Corrections and Sheila Szala in original jurisdiction. The First District Court of Appeal dismissed the petition as moot because the trial court had already ruled on Wright's motion for relief f
• Natacha Jean-Francois v. The City of N. Miami
  S.D. Fla.· 2025-12-30 ·cited 6×
  The court granted the motion for reconsideration, finding that the prior dismissal of Title VII claims may have been based on a misapprehension of the statutory authority required to issue a Notice of Right to Sue against a governmental entity.
• Regions Bank v. BIG Bend Inv. Grp. of Fla., LLC
  311 So. 3d 181· Fla. 2d DCA· 2020-07-24 ·cited 6×
  This case involves a bank's attempt to collect on a loan. After years of litigation, the guarantors sought to vacate a final judgment, arguing they were denied due process. The appellate court reversed the lower court's decision to vacate the judgment, finding that the judgment w
• Fast Funds, Inc. v. Aventura Orthopedic Care Ctr.
  279 So. 3d 168· Fla. 4th DCA· 2019-09-18 ·cited 6×
  Fast Funds, Inc. appeals a trial court's denial of its Rule 1.530 motion for reconsideration in a declaratory judgment action over equitable distribution of a bodily injury award. Fast Funds failed to appear at a September 24, 2018 hearing due to a clerical calendaring error and
• Emerald Coast Utils. Auth. v. Bear Marcus Pointe, LLC
  227 So. 3d 752· Fla. 1st DCA· 2017-10-06 ·cited 6×
  Emerald Coast Utilities Authority appealed a trial court order denying its motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b). The appellant sought to vacate an attorneys' fees order it claimed never to have received so it could file a timely notice of
• NEW DAY Miami, LLC v. Beach Developers, LLC
  225 So. 3d 372· Fla. 3d DCA· 2017-08-16 ·cited 6×
  New Day Miami, LLC (NDM), a third-party foreclosure sale bidder, sought reconsideration of an appellate dismissal of its appeal from a trial court order that vacated the foreclosure judgment and set aside the sale to NDM. The court held that while the order was final as to NDM, F
• Cornelius v. Holzman
  193 So. 3d 1029· Fla. 4th DCA· 2016-06-08 ·cited 6×
  A lender in a mortgage foreclosure case sought to amend a final judgment to correct an erroneous legal description in the property description (changing "Southeast" to "Southwest"). The trial court granted the amendment under Rule 1.540(a) as a clerical error, but the appellate c
• Theodorides v. Theodorides
  201 So. 3d 141· Fla. 3d DCA· 2015-12-16 ·cited 6×
  John Theodorides appealed a trial court order granting his former wife relief under Florida Family Rule of Procedure 12.540, which vacated a child support order requiring her to pay support to him. The appellate court reversed, holding that Rule 12.540 does not authorize vacating
• Lamolinara v. Lamolinara
  85 So. 3d 1147· Fla. 1st DCA· 2012-03-26 ·cited 6×
  In a post-dissolution family law case, the First District Court of Appeal affirmed the trial court's denial of the former wife's motion for relief from judgment based on alleged fraud in the former husband's 2005 financial affidavits. The court remanded the former wife's motion f
• Cole D. Fahey v. Fahey
  213 So. 3d 999· Fla. 1st DCA· 2012-03-18 ·cited 6×
  Cole Fahey appeals a trial court order denying his motion for relief from a divorce judgment that incorporated the parties' stipulation that he was not the biological father of the child born during the marriage. The court affirmed, holding that the stipulation was a paternity de
• C.R. v. Dep't OF Child. & Fam. Servs. & the Guardian Ad Litem Program
  53 So. 3d 240· Fla. 3d DCA· 2010-10-27 ·cited 6×
  A mother appealed the trial court's order vacating a dependency withholding adjudication entered with her consent and replacing it with a dependency adjudication. The appellate court reversed, holding that the original withholding adjudication order was final and could not be vac
• Progressive Plumbing, Inc. v. Dixie Constr. Prods.
  912 So. 2d 646· Fla. 5th DCA· 2005-09-16 ·cited 6×
  The court held that a partial summary judgment containing final language is a final judgment, and the trial court lost jurisdiction to amend or vacate it after the time for correction had passed.
• Jacobs v. Jacobs
  868 So. 2d 568· Fla. 3d DCA· 2004-02-11 ·cited 6×
  A former husband appeals an order modifying his child support obligation and granting limited relief from a 1998 divorce judgment. The appellate court affirms the modification based on a substantial change in circumstances but reverses the trial court's grant of relief from judgm
• Jayne Wells v. Wells
  832 So. 2d 266· Fla. 4th DCA· 2002-12-11 ·cited 6×
  A former wife appeals the trial court's refusal to enforce a mediation agreement provision requiring the former husband to transfer the marital home to her due to his child support payment delinquencies, and to hold him in contempt for failing to pay the deficit on an annuity fun
• Smeltz v. State
  818 So. 2d 538· Fla. 2d DCA· 2002-01-18 ·cited 6×
  Richard Smeltz appealed a trial court's April 2001 order denying his petition to remove a sexual predator designation, after the same court had granted his petition in February 2001. The appellate court held that the trial court lacked jurisdiction to reconsider and deny the peti
• Logue v. Logue
  766 So. 2d 313· Fla. 4th DCA· 2000-03-01 ·cited 6×
  The court held that a mathematical error in child support calculation constituted manifest injustice, allowing an exception to the law of the case doctrine. The denial of the motion for relief from judgment and the contempt order were reversed.
• Erace v. Erace
  683 So. 2d 1114· Fla. 3d DCA· 1996-12-04 ·cited 6×
  The court held that granting summary judgment while discovery was stayed is premature and constitutes error.
• Franko v. Ryan-Franko
  679 So. 2d 1314· Fla. 4th DCA· 1996-10-02 ·cited 6×
  The court held that the former husband did not have adequate notice that his rule 1.540(b) motion would be heard at the scheduled hearing, and therefore, he is entitled to an evidentiary hearing on that motion.
• Kennedy v. Alberto
  649 So. 2d 286· Fla. 4th DCA· 1995-01-18 ·cited 6×
  A notice of appeal filed before the disposition of a motion for relief from judgment under rule 1.540(b) does not abandon the motion, as such motions do not suspend rendition of the judgment.
• De Peyster v. Maria-Luisa Biddle Duke De Peyster
  629 So. 2d 221· Fla. 4th DCA· 1993-12-08 ·cited 6×
  In a post-dissolution-of-marriage dispute, the appellate court reversed the trial court's order directing the sale of jointly-owned California ranch property, holding that once the parties entered into a valid settlement agreement partitioning the property, the court lost jurisdi
• In re Va. Info. Sys. Corp. v. Wang Labs., Inc.
  932 F.2d 338· 4th Cir.· 1991-05-03 ·cited 6×
  A transfer of funds by check for bankruptcy preference purposes occurs upon delivery to the creditor, not when honored by the bank. Attorney ignorance or carelessness is not grounds for relief under Rule 60(b).
• United States v. 27.93 Acres OF Land
  924 F.2d 506· 3d Cir.· 1991-01-29 ·cited 6×
  The court held that the district court did not abuse its discretion in denying discovery requests for the government's motive and prior appraisals, nor in excluding evidence of commercial value and internal valuations, as the DiSantos failed to demonstrate a reasonable probabilit
• Vinson v. Tex. Bd. OF Corr.
  901 F.2d 474· 5th Cir.· 1990-05-18 ·cited 6×
  The court held that the prisoner's appeal was frivolous and that sanctions were warranted for abusing the court's process.
• Vaughn v. Mobil OIL Exploration & Producing Se., Inc.
  891 F.2d 1195· 5th Cir.· 1990-01-16 ·cited 6×
  The district court erred in withdrawing a final judgment and ruling on the merits of cross-claims after the case had been concluded.
• L.B.G. Props., Inc. v. Chisholm Realty Co., Inc.
  522 So. 2d 513· Fla. 4th DCA· 1988-03-23 ·cited 6×
  L.B.G. Properties appealed from a foreclosure judgment and a subsequent order denying its motion to modify that judgment. The court dismissed the appeal for lack of jurisdiction, holding that the motion to modify was not a proper Rule 1.540 motion and therefore the order denying
• United States v. 31.63 Acres OF Land
  840 F.2d 760· 10th Cir.· 1988-02-26 ·cited 6×
  The court held that a motion under Fed.R.Civ.P. 60(b)(6) cannot be used to substitute for a timely appeal of an underlying judgment, especially when seeking to challenge the merits of a prior order denying attorney's fees.
• Stevens v. Stevens
  510 So. 2d 332· Fla. 2d DCA· 1987-06-19 ·cited 6×
  This case involves a dispute over the modification of a marital settlement agreement concerning alimony and tax liability. The appellate court affirmed the permanent alimony award but reversed the modification of the tax liability, requiring the wife to use all net proceeds from
• Dawkins v. Dawkins
  494 So. 2d 282· Fla. 2d DCA· 1986-09-17 ·cited 6×
  The court held that while the wife's fraud justified vacating the alimony award, it did not warrant vacating all property provisions of the final judgment.
• Gulf Power Co. v. KAY
  493 So. 2d 1067· Fla. 1st DCA· 1986-09-03 ·cited 6×
  Gulf Power Company appeals a negligence verdict awarding $7 million compensatory and $4.2 million punitive damages after a vehicle struck a utility pole it maintained, injuring a passenger. The court reverses for a new trial, holding that the trial court improperly admitted post-
• Yachts Am., Inc. v. The United States
  779 F.2d 656· Fed. Cir.· 1985-12-09 ·cited 6×
  The court affirmed the Claims Court's denial of Yachts America's claims for compensation, finding no error in the prior decisions regarding ownership, business taking, leasehold taking, implied contract, inverse condemnation, or the denial of a Rule 60(b) motion.
• Tsung-Ya (ZIA) Chang v. Chang
  469 So. 2d 829· Fla. 5th DCA· 1985-04-25 ·cited 6×
  A wife sought relief from a 1969 divorce judgment entered against her by default after constructive service in Hong Kong, alleging the husband fraudulently misrepresented his diligent search efforts when he knew her actual residence in Shanghai. The court reversed the dismissal o
• Lanes v. Lanes
  454 So. 2d 782· Fla. 4th DCA· 1984-08-29 ·cited 6×
  A wife appeals the denial of her motion for relief from a default judgment of dissolution, arguing she was denied her day in court due to her husband's misleading assurances of reconciliation, a misdirected attorney letter, and lack of notice of suit reactivation. The Fourth Dist
• Corey v. Mast Rd. Grain & Bldg. Materials Co., Inc.
  738 F.2d 11· 1st Cir.· 1984-06-25 ·cited 6×
  The court held that the district court did not abuse its discretion in denying the plaintiff's Rule 60(b) motion for relief from a judgment of dismissal.
• Pool v. Wyrick
  703 F.2d 1064· 8th Cir.· 1983-04-06 ·cited 6×
  The court held that a significant delay in state post-conviction proceedings may justify waiving the exhaustion requirement for federal habeas corpus relief and that a § 1983 claim based on such delay becomes ripe when the state proceedings are resolved or a specific timeframe ex
• Adams v. J.W. Jones Constr. Co.
  703 F.2d 483· 10th Cir.· 1983-03-31 ·cited 6×
  The court held that the district court did not abuse its discretion in denying the Rule 60(b) motion because the plaintiff willfully failed to comply with discovery requests and court orders.
• Aoun v. Aoun
  428 So. 2d 707· Fla. 3d DCA· 1983-03-01 ·cited 6×
  The court held that it lacked jurisdiction to award specific jewelry in a dissolution judgment when the petition did not seek such relief, and that the appellant was precluded from relief on child support issues due to untimeliness.
• Indian Head Nat'l Bank OF Nashua v. Brunelle
  689 F.2d 245· 1st Cir.· 1982-09-09 ·cited 6×
  A registration court errs in entertaining a Rule 60(b) motion that alleges neither a judgment void for lack of personal jurisdiction nor grounds that would support an independent equitable action.
• Walker v. Walker
  401 So. 2d 872· Fla. 2d DCA· 1981-07-15 ·cited 6×