Motion For Relief From Judgment

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

• Ellis Nat'l Bank OF Tallahassee v. Davis
  379 So. 2d 1310· Fla. 1st DCA· 1980-02-13 ·cited 6×
  Ellis National Bank appealed a usury judgment against it and obtained a partial reversal on appeal, but later sought relief from judgment based on a subsequent change in Florida law. The appellate court affirmed the trial court's denial of the motion for relief, holding that Rule
• Fuhrman v. Livaditis
  611 F.2d 203· 7th Cir.· 1979-12-17 ·cited 6×
  The court held that the registering court did not abuse its discretion by denying a motion for relief from judgment without prejudice, allowing it to be presented to the court that originally entered the judgment.
• Milford A. Campbell v. Spectrum Automation Co.
  601 F.2d 246· 6th Cir.· 1979-06-27 ·cited 6×
  The court affirmed the district court's award of costs and attorneys' fees, finding that Campbell's conduct in denying he was not the inventor of patent '600 and failing to admit prior sales of patent '553 justified the awards under 35 U.S.C. § 285 and Fed.R.Civ.P. 37(c), respect
• Bennett v. Halper
  248 So. 2d 522· Fla. 3d DCA· 1971-05-25 ·cited 6×
  The court affirmed the trial court's denial of a motion for relief from judgment under Rule 1.540(b)(1), finding that defendant-attorney Bennett failed to demonstrate excusable neglect for missing the deadline to appeal after the oral denial of his motion for rehearing.
• Cole v. State
  199 So. 2d 480· Fla. 3d DCA· 1967-05-31 ·cited 6×
  Joseph Cole appealed the denial of his Rule 1 motion for relief from a conviction for receiving and concealing stolen property, claiming he was involuntarily absent from portions of his trial. The court affirmed the denial, holding that Cole knowingly acquiesced in his attorney's
• Int'l Advertising, Inc. v. Cong. Enters., Inc.
  187 So. 2d 364· Fla. 3d DCA· 1966-06-07 ·cited 6×
  International Advertising appeals from a bench trial judgment where it prevailed against one defendant but lost against another, and from denial of a motion to set aside the judgment based on fraud. The court affirmed both rulings, holding that the plaintiff failed to prove a gua
• Bros Inc. v. Davidson
  330 F.2d 65· 5th Cir.· 1964-03-30 ·cited 6×
  The court held that the District Judge did not abuse discretion by proceeding with a patent validity hearing without first entering a money judgment for infringement.
• Gering v. State
  252 So. 3d 334· Fla. 3d DCA· 2018-07-25 ·cited 5×
  Trial courts have authority to enter directed verdicts in Jimmy Ryce jury trials because the Jimmy Ryce Act and Jimmy Ryce Rules expressly incorporate the Florida Rules of Civil Procedure by their terms, and nothing in those rules or statutes supersedes or prohibits Rule 1.480(a)
• Mack v. Repole
  239 So. 3d 91· Fla. 4th DCA· 2018-02-21 ·cited 5×
  Joy Mack appealed a trial court order dismissing her case for lack of prosecution, but the appellate court lacked jurisdiction to review the appeal because Mack failed to timely appeal earlier final orders enforcing a settlement agreement and denying her motion for relief. The co
• Jacquot v. Jacquot
  183 So. 3d 1158· Fla. 5th DCA· 2015-12-31 ·cited 5×
  David Jacquot appealed the denial of his motion for relief from a final judgment of injunction for protection against domestic violence, claiming the motion was moot because the injunction had expired. The Fifth District Court of Appeal reversed, holding that expired domestic vio
• Handel v. Nevel
  147 So. 3d 649· Fla. 3d DCA· 2014-09-17 ·cited 5×
  Mary Handel appealed a trial court's denial of her motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b), claiming she was entitled to set aside a partial final judgment dismissing counts of her complaint. The court affirmed, holding that the trial court
• Arcila v. BAC Home Loans Servicing, L.P.
  145 So. 3d 897· Fla. 2d DCA· 2014-08-06 ·cited 5×
  The court held that a trial court errs in granting a motion to vacate a dismissal for lack of prosecution without first holding an evidentiary hearing and affording the opposing party an opportunity to be heard.
• Buckman v. Sergeant James A. Beighley and Officer T. Coleman
  128 So. 3d 133· Fla. 1st DCA· 2013-10-23 ·cited 5×
  Antonio Buckman appealed a trial court's order denying his motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b). Buckman argued he was entitled to relief because the judgment failed to advise him that appeals must be filed within 30 days, which he claime
• Aventura Beach Club Condo. Ass'n, Inc. v. Blaustein
  997 So. 2d 1185· Fla. 3d DCA· 2008-12-17 ·cited 5×
  The Third District Court of Appeal affirmed a trial court's finding that a condominium association's registered agent was properly served with process, rejecting the association's argument that it lacked jurisdiction. The court also clarified that the association could pursue an
• Golden Gate Homes, L.C. v. L & G Eng'g Servs., Inc.
  974 So. 2d 489· Fla. 3d DCA· 2008-01-30 ·cited 5×
  The court held that Golden Gate's motion to reinstate its complaint was untimely and insufficient to set aside the dismissal, affirming the trial court's decision.
• Anderson v. Anderson
  845 So. 2d 870· Fla.· 2003-01-09 ·cited 5×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a non-biological father can challenge a child support obligation established in a dissolution judgment. The Court held that such challenges must comply with Florida Rule of Civil Procedure 1.5
• De Vico v. The Chase Manhattan Bank
  823 So. 2d 175· Fla. 3d DCA· 2002-07-10 ·cited 5×
  The court held that constructive service was improper because the lender did not make a conscientious effort to personally serve the appellant.
• Kirchoff v. Jenne
  819 So. 2d 959· Fla. 4th DCA· 2002-06-26 ·cited 5×
  Kirchoff and Rivenbark appealed a judgment declaring two motorcycles "lost or abandoned" and vesting title in the Sheriff's office. The court reversed, finding the judgment void because the Sheriff failed to provide constitutionally adequate notice to the known owners and their c
• Cleveland v. Cleveland
  692 So. 2d 304· Fla. 4th DCA· 1997-04-30 ·cited 5×
  Barry Cleveland sought to set aside a dissolution of marriage and custody judgment on grounds of lack of personal jurisdiction over his ex-wife Stacey. The Fourth District affirmed the trial court's grant of relief under Rule 1.540(b) but reversed the complete vacatur of the judg
• Larry L. and Patricia A. Longden v. Sunderman
  979 F.2d 1095· 5th Cir.· 1992-12-28 ·cited 5×
  The court held that the district court did not abuse its discretion in awarding attorneys' fees and expenses, nor in denying Massie's Rule 60(b) motion.
• Yavitz v. Martinez
  568 So. 2d 103· Fla. 3d DCA· 1990-10-16 ·cited 5×
  The court held that rent increases ranging from 15% to 55% above fair market value, coupled with deterioration of premises and diminution of services, were unconscionable as a matter of law. The court also held that jury-awarded damages for statutory violations were not too specu
• First Nat'l Life Ins. Co. v. Cal. Pac. Life Ins. Co.
  876 F.2d 877· 11th Cir.· 1989-06-28 ·cited 5×
  The court held that summary judgment for the defendant was proper because the plaintiff failed to present admissible evidence to create a genuine issue of material fact, and the court did not err in denying the plaintiff's subsequent motions to set aside the judgment.
• Miceli v. Miceli
  489 So. 2d 1235· Fla. 2d DCA· 1986-06-13 ·cited 5×
  Darlene Miceli appealed the trial court's denial of her motion for relief from a default judgment in a dissolution of marriage case. The court reversed, finding that the amended petition asserting new claims was not properly served on the wife and that the trial court lacked juri
• Theisen v. OLD Republic Ins. Co.
  468 So. 2d 434· Fla. 5th DCA· 1985-05-02 ·cited 5×
  A former employee's personal representative sought relief from a final judgment barring a negligence suit against an employer's subcontractor, arguing that an intervening Florida Supreme Court decision changed the controlling law. The court held that res judicata and finality pri
• Milgen Dev., Inc. v. Goodman
  302 So. 2d 491· Fla. 3d DCA· 1974-11-05 ·cited 5×
  Milgen Development appealed orders denying attorney's fees and relief from judgment in a mortgage foreclosure case. The court affirmed both orders, holding that attorney's fees were properly denied because no evidence was presented at trial, and that newly discovered evidence did
• Silverman v. Lichtman
  296 So. 2d 495· Fla. 3d DCA· 1974-06-18 ·cited 5×
  This case concerns a divorced couple's financial dispute. After a default judgment against the wife was reversed on appeal, the wife sought restitution and reinstatement of a garnishment bond. The appellate court held that the husband must reinstate the bond and make restitution
• Williams v. State
  220 So. 2d 383· Fla. 4th DCA· 1969-03-20 ·cited 5×
  The appellate court affirmed the denial of a post-conviction motion for relief from a guilty plea. The court found no evidence of coercion or unfair treatment, upholding the lower court's decision.
• Fabre v. 4647 Block, LLC
  401 So. 3d 523· Fla. 3d DCA· 2024-09-18 ·cited 4×
  Patrick Fabre appeals a trial court's entry of default judgment for possession in a commercial eviction case, arguing the judgment was improper and seeking relief. The Third District Court of Appeal affirms the judgment, holding that Florida Statute § 83.232 mandates an immediate
• Barton Protective Servs., LLC v. Isadora Redmon
  387 So. 3d 353· Fla. 3d DCA· 2023-08-09 ·cited 4×
  Where a motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b) sets forth a colorable entitlement to relief based on excusable neglect, the trial court must conduct an evidentiary hearing rather than summarily denying the motion. An inadvertent calendaring
• Castro v. SUN 'n Lake of Sebring Improvement Dist.
  334 So. 3d 663· Fla. 2d DCA· 2021-08-13 ·cited 4×
  The appellate court reversed a trial court's order that granted relief from a prior dismissal order, finding the motion for relief was untimely. The court also reversed the denial of attorney's fees, finding the homeowner was entitled to costs but had waived her claim for attorne
• Aparicio v. Deutsche Bank Nat'l Tr. Co.
  278 So. 3d 814· Fla. 3d DCA· 2019-08-21 ·cited 4×
  The appellate court affirmed the trial court's denial of a motion to set aside a judicial foreclosure sale. The borrowers argued the sale should be undone because the underlying summary judgment was improperly entered, but the court found they failed to present adequate equitable
• Nashwa Holt v. Eric v. Holt
  257 So. 3d 1155· Fla. 1st DCA· 2018-10-31 ·cited 4×
  Former wife Nashwa Holt appeals a trial court order that granted former husband Eric Holt relief from a 2010 order vacating their 2010 final judgment of dissolution, which the trial court found was procured through former wife's forgery of his signature. The court held that while
• Miami Beverly LLC v. City OF Miami
  225 So. 3d 989· Fla. 3d DCA· 2017-09-06 ·cited 4×
  Miami Beverly LLC and related entities appealed a final monetary judgment of over $3.1 million awarded to the City of Miami for code enforcement violations. The appellants challenged the judgment as void, arguing the damages were unliquidated and required an evidentiary hearing,
• Kiesha Henderson-Bullard v. Lockard
  204 So. 3d 568· Fla. 5th DCA· 2016-11-18 ·cited 4×
  The court held that the trial court erred in vacating an order allowing relocation because the father received actual notice, and the second relocation petition was not an improper amendment.
• Baez v. Perez
  201 So. 3d 692· Fla. 4th DCA· 2016-08-03 ·cited 4×
  The court held that a motion to vacate a final judgment of foreclosure was improperly granted because the grounds raised, concerning trial continuances and loss mitigation, did not constitute mistake or excusable neglect under Rule 1.540 and should have been raised on direct appe
• Jones v. Gov't Emps. Ins. Co. as a
  192 So. 3d 614· Fla. 4th DCA· 2016-05-25 ·cited 4×
  The appellate court reversed a trial court's denial of a motion to set aside a summary judgment. The defendants argued they did not receive timely notice of the hearing due to mail mishandling, and the appellate court found the trial court should have held an evidentiary hearing
• Deluca v. David M. King, CPA, P.A.
  197 So. 3d 74· Fla. 2d DCA· 2016-04-29 ·cited 4×
  The Deluca and Ladd parties appealed a judgment entered against them in supplemental proceedings after they were not properly served. The Second District Court of Appeal reversed, holding that service by mail was insufficient to confer jurisdiction over impleaded third parties in
• Navarro v. Castro
  110 So. 3d 499· Fla. 4th DCA· 2013-03-27 ·cited 4×
  A defendant sought to set aside a final dismissal order entered after settlement, claiming the parties mutually mistook the value of an insurance policy that was central to their settlement agreement. The Fourth District Court of Appeal reversed the trial court's jurisdictional d
• Cunha v. Cunha
  92 So. 3d 918· Fla. 4th DCA· 2012-07-25 ·cited 4×
  The court held that a party can satisfy a judgment based on a debt by settling that debt with the creditor for less than the full amount owed, even if the original agreement did not specify the exact amount.
• Nastasi v. Thomas
  88 So. 3d 407· Fla. 4th DCA· 2012-05-16 ·cited 4×
  This is a jurisdictional appeal and cross-appeal from non-final orders in a dispute over a settlement agreement to extinguish an easement. The Fourth District Court of Appeal determined it lacked jurisdiction over most of the appeal but could address the denial of Rule 1.540(b) r
• Generation Invs., LLC v. Al-Jumaa, Inc.
  53 So. 3d 372· Fla. 5th DCA· 2011-01-28 ·cited 4×
  Generation Investments, a tenant on a property subject to restrictive covenants, appeals an injunction granted against the property owner Al-Jumaa that effectively restricts Generation's business operations. The court holds that Generation was an indispensable party to the action
• In the Interest of E.K. v. Dep't of Child. & Fam. Servs. Ad Litem Program
  33 So. 3d 125· Fla. 2d DCA· 2010-04-28 ·cited 4×
  A father appealed the denial of his motion to set aside a termination of parental rights judgment based on ineffective assistance of counsel. The Florida appellate court affirmed the denial but highlighted a critical gap in Florida law: parents have a constitutional right to effe
• In the Interest of A.W.P., JR. v. Dep't of Child. & Fam. Servs.
  14 So. 3d 1240· Fla. 2d DCA· 2009-07-01 ·cited 4×
  A father appeals a circuit court order denying his motion for relief from judgment and motion for rehearing in a child dependency case. The appellate court dismissed the appeal as to one order for lack of jurisdiction and affirmed the denial of relief as to another order, finding
• Olesh v. Greenberg
  9 So. 3d 44· Fla. 5th DCA· 2009-03-06 ·cited 4×
  Alvin Olesh appeals the denial of his motion for relief from judgment seeking to vacate an attorney's fees award. The trial court had entered a $115,423 fee judgment against Olesh while his appeal of the underlying summary judgment was pending. The appellate court reverses and re
• Cherie Wheaton Hinson v. Kristopher B. Hinson
  985 So. 2d 1120· Fla. 3d DCA· 2008-05-21 ·cited 4×
  The Third District Court of Appeal reversed a final judgment on the pleadings granted to the former husband in a marital dissolution case. The trial court erred by applying the wrong procedural rule and denying the former wife an evidentiary hearing on her motion for relief from
• Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc.
  978 So. 2d 811· Fla. 2d DCA· 2008-02-20 ·cited 4×
  Parrot Cove Marina appeals a foreclosure judgment and attorney's fees award. The court affirmed the foreclosure judgment, holding that Parrot Cove had adequate notice of trial and failed to comply with the trial court's directive to obtain new counsel within 30 days. The court re
• Hoffman v. McDONOUGH
  969 So. 2d 514· Fla. 1st DCA· 2007-11-20 ·cited 4×
  An inmate appealed the denial of a motion for relief from judgment seeking to challenge an order denying his petition for writ of mandamus regarding gain time issues. The appellate court affirmed the lower court's denial, holding that the motion was untimely under the applicable
• Damian v. Damian
  955 So. 2d 1178· Fla. 2d DCA· 2007-05-02 ·cited 4×
  In a post-dissolution proceeding, the trial court entered an order requiring the former husband's interest in the marital home to be transferred to the former wife as enforcement of the dissolution judgment. The appellate court reversed, holding that the trial court lacked contin
• Rodriguez v. Fernwoods Condo. Ass'n # 2, Inc.
  957 So. 2d 1201· Fla. 3d DCA· 2007-04-11 ·cited 4×
  An order entered simultaneously with an order of recusal is void and has no effect, and intervention is generally not allowed after final judgment.
• Jerue v. Holladay
  945 So. 2d 589· Fla. 2d DCA· 2006-12-15 ·cited 4×
  Jerue challenges a trial court's dismissal of his breach of contract and related claims against an interior designer. The court erred by dismissing with prejudice when Jerue's counsel was absent due to excusable secretarial error, and because Jerue had a meritorious defense regar