Motion For Relief From Judgment

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

• Anamarie Kelly Stoppa v. Sussco, Inc.
  943 So. 2d 309· Fla. 3d DCA· 2006-12-06 ·cited 4×
  Anamarie Kelly Stoppa appealed two trial court orders related to enforcement of a specific performance judgment requiring her to sell her home to Sussco, Inc. The court affirmed both orders, holding that the trial court exercised independent judicial judgment in entering the enfo
• Andrews v. Palmas de Majorca Condo.
  898 So. 2d 1066· Fla. 5th DCA· 2005-03-18 ·cited 4×
  The Andrewses appealed a judgment foreclosing a condominium lien based on alleged acquiescence to a special assessment after submitting a partial payment. During the appeal, they filed a motion for relief from judgment claiming newly discovered evidence showing the check was mark
• Native Hammock Nursery, Inc. v. E.I. DuPONT DE Nemours & Co.
  774 So. 2d 727· Fla. 3d DCA· 2000-09-27 ·cited 4×
  Native Hammock Nursery appeals the denial of its Rule 1.540(b) motion for relief from a final judgment in a products liability case against DuPont. The court reverses, holding that the one-year limitation period for filing a Rule 1.540(b) motion began when the Florida Supreme Cou
• Americare Biologicals, Inc. v. Tech. Chems. & Prods., Inc.
  766 So. 2d 284· Fla. 4th DCA· 2000-02-16 ·cited 4×
  ABI and ATI appealed from the trial court's denial of injunctive relief in a trade secret misappropriation case, despite a jury verdict finding that Simplex and Analyte misappropriated the trade secret. The appeal was dismissed as untimely because the motion for rehearing was ser
• M.C. v. A.H.
  745 So. 2d 396· Fla. 4th DCA· 1999-10-13 ·cited 4×
  The Florida Fourth District Court of Appeal reversed a trial court's order denying relief from a final adoption judgment, holding that the adoptive parents failed to exercise due diligence in serving the biological father and that strict compliance with service by publication req
• Lorenzo v. Skowronski-Thompson
  738 So. 2d 967· Fla. 2d DCA· 1999-06-23 ·cited 4×
  The trial court did not err in denying the motion for relief from judgment.
• Fuller v. Fuller
  706 So. 2d 57· Fla. 4th DCA· 1998-01-28 ·cited 4×
  In this family law appeal, the court reversed a trial court's order clarifying a child support modification, holding that the clarification motion was untimely and the trial court lacked jurisdiction to enter it. The case turns on whether a motion for clarification filed nearly s
• Southtrust Bank OF Sw. Fla., N.A. v. William Krause for Seminole Horticulturists, Inc.
  677 So. 2d 368· Fla. 2d DCA· 1996-07-10 ·cited 4×
  The appellate court reversed a lower court's order that compelled a bank to turn over assets to a receiver. The court found the lower court lacked jurisdiction over the bank because it was not named as a party and was not properly served with process.
• Fernandez v. Fernandez
  632 So. 2d 638· Fla. 2d DCA· 1994-01-21 ·cited 4×
  In a family law matter, the Second District Court of Appeal reversed a trial court's decision to set aside a final judgment of dissolution of marriage. The court held that Florida's residency requirement for divorce was satisfied through a combination of sworn pleadings by both p
• Brown v. United States
  976 F.2d 1104· 7th Cir.· 1992-10-08 ·cited 4×
  The court held that summary judgment was improperly granted because a genuine issue of material fact existed regarding bona fide losses, and the district court erred in denying a Rule 60(b) motion without consideration.
• In re Hammer v. Drago
  940 F.2d 524· 9th Cir.· 1991-07-31 ·cited 4×
  The court held that the bankruptcy court did not abuse its discretion in denying the debtor's motion to set aside the default judgment because his culpable conduct led to the default, the motion was untimely, and he lacked a meritorious defense.
• First Fla. Bank, N.A. v. R.D.P. OF Naples, Inc.
  573 So. 2d 1025· Fla. 2d DCA· 1991-02-01 ·cited 4×
  First Florida Bank appeals a nonfinal order requiring it to replace funds it had paid pursuant to a final judgment in garnishment. The court held that a garnishee's payment of a facially valid garnishment judgment absolves it from further liability, and reversed the trial court's
• Morhaim v. State Farm Fire & Cas. Co. & Jorge Antonio Gomez
  559 So. 2d 1240· Fla. 3d DCA· 1990-04-10 ·cited 4×
  The court held that the trial court did not err in denying the motion for relief from judgment because the appellants failed to demonstrate due diligence in discovering the new evidence before trial.
• Christa Sanford v. Sanford
  512 So. 2d 1084· Fla. 4th DCA· 1987-09-16 ·cited 4×
  In a dissolution of marriage case, the wife sought relief from a judgment awarding the husband a $85,000 condominium deposit refund, alleging the husband obtained the judgment through fraud by misrepresenting that she had not signed the purchase contract. The appellate court reve
• Williams v. Lesiak
  822 F.2d 1223· 1st Cir.· 1987-07-07 ·cited 4×
  The court held that the district court's denial of the Rule 60(b) motion was not adequately supported by the record, requiring remand for further factual findings.
• Servotech, Inc. v. Atl. Cent. Corp.
  497 So. 2d 1341· Fla. 5th DCA· 1986-11-26 ·cited 4×
  Servotech appealed the trial court's denial of its motion for relief from an order granting plaintiff's motion for partial summary judgment on liability in a breach of construction contract case. The appellate court affirmed, holding that a partial summary judgment order is not a
• Benson v. Armontrout
  767 F.2d 454· 8th Cir.· 1985-07-09 ·cited 4×
  The court held that the District Court erred in denying a Rule 60(b) motion for lack of jurisdiction, as an appeal had already been decided.
• Jensen v. Klecker
  702 F.2d 131· 8th Cir.· 1983-03-10 ·cited 4×
  The court held that the denial of a Rule 60(b) motion is reviewed for abuse of discretion and cannot be used to review an underlying decision not timely appealed.
• Betty S. Poquette (Goode) v. Poquette
  425 So. 2d 1203· Fla. 2d DCA· 1983-01-28 ·cited 4×
  A former husband appealed from an order granting him relief from a child support modification judgment, claiming his ex-wife fraudulently misrepresented her financial circumstances by failing to disclose her impending remarriage. The Florida appellate court reversed, holding that
• Local Consumer Enters. Corp. v. Hadley
  404 So. 2d 1155· Fla. 2d DCA· 1981-10-21 ·cited 4×
  Local Consumer Enterprises Corp. appealed a default judgment, seeking relief under Florida Rule of Civil Procedure 1.540 on grounds of attorney negligence and defective service. The appellate court reversed the trial court's refusal to hear the motion, holding that the motion rem
• Winfield v. First NEW Haven Nat'l Bank
  392 So. 2d 957· Fla. 4th DCA· 1980-12-31 ·cited 4×
  First New Haven National Bank sued to recover on a default retail installment sales contract for an aircraft. The bank obtained a summary final judgment against appellant Winfield, who had personally guaranteed the debt. Appellant appealed the denial of her Rule 1.540 motion for
• Ralston Purina Co. & Nat'l Packing Co. v. Navieras de Canarias
  619 F.2d 152· 1st Cir.· 1980-04-25 ·cited 4×
  The district court did not abuse its discretion in denying a motion for relief from a default judgment.
• In re Ga. Paneling Supply, Inc. v. Pennington
  607 F.2d 117· 5th Cir.· 1979-11-19 ·cited 4×
  The court held that the allegations of judicial misconduct and other grounds for relief under Fed.R.Civ.P. 60(b) were unfounded or improperly raised.
• Weinschel v. Bruno O. Weinschel
  368 So. 2d 388· Fla. 3d DCA· 1979-02-27 ·cited 4×
  In this dissolution of marriage case, the trial court dismissed the husband's complaint for lack of personal jurisdiction and the wife's counterclaim, then struck the wife's motion for costs and attorney's fees. The appellate court affirmed the dismissals but reversed the strikin
• Am. Emp'rs' Ins. Co. v. Piedmont Sewing Supply, Inc.
  287 So. 2d 111· Fla. 3d DCA· 1973-12-11 ·cited 4×
  American Employers' Insurance Company, as surety on a forthcoming bond in a replevin action, appealed the denial of its motion for relief from a default judgment. The court reversed, holding that a conditional vendor's judgment in a replevin action must be limited to its special
• Silverman v. Lichtman
  285 So. 2d 632· Fla. 3d DCA· 1973-11-13 ·cited 4×
  In this interlocutory appeal, the Florida District Court of Appeal reversed a default judgment against a former wife, finding that the counterclaims against her were barred by a release clause in the parties' divorce settlement agreement. The court held that Article VIII of the p
• Cachoian v. United States
  452 F.2d 548· 5th Cir.· 1971-12-10 ·cited 4×
  The court held that the district court should determine in the first instance whether the defendant knowingly and understandingly waived his Fifth Amendment defense when pleading guilty.
• W. Steel Erection Co. v. United States
  424 F.2d 737· 10th Cir.· 1970-04-24 ·cited 4×
  An attorney does not have standing under Fed.R.Civ.P. 60(b) to move to vacate a judgment as a 'legal representative' for the purpose of determining attorneys' fees.
• Adolphus Brooks v. State
  194 So. 2d 303· Fla. 1st DCA· 1967-01-31 ·cited 4×
  Brooks appealed an order denying his motion for relief against his rape conviction and sentence. The court affirmed the lower court's denial, finding Brooks failed to establish the grounds for collateral relief, including claims of trial irregularities and inadequate counsel.
• Nelson v. Ward
  190 So. 2d 622· Fla. 2d DCA· 1966-10-05 ·cited 4×
  The court held that dismissing a complaint with prejudice for failure to allege necessary facts, rather than an inherent defect, is an error.
• Marlow v. Newrez, LLC
  49 Fla. L. Weekly D362· Fla. 2d DCA· 2024-10-28 ·cited 3×
  Jennifer Marlow appealed from several orders in a foreclosure action, including an order denying her motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b). The court dismissed the appeal regarding the 1.540(b) motion because it was untimely filed more tha
• Ravelo v. Payret
  335 So. 3d 811· Fla. 3d DCA· 2022-03-30 ·cited 3×
  Roman Ravelo appealed an order denying his Rule 1.540(b) motion for relief from judgment in an underlying partition suit. The appellate court concluded that Ravelo's motion set forth a colorable entitlement to relief and reversed the trial court's denial.
• Hilbrands v. BEA C. Hilbrands
  320 So. 3d 938· Fla. 2d DCA· 2021-05-14 ·cited 3×
  The appellate court affirmed the denial of alimony modification but reversed the dismissal of child support modification. It held that a former spouse's increased income, if substantial, can warrant child support modification, and that factual questions regarding this increase pr
• Deutsche Bank v. Garcia del Busto
  254 So. 3d 1050· Fla. 3d DCA· 2018-08-22 ·cited 3×
  A trial court lacks authority to vacate a final foreclosure judgment absent a valid basis under Florida Rule of Civil Procedure 1.540, and a temporary repayment plan that has not been fully performed does not constitute grounds for vacating a final judgment.
• Gavin D. Caddy v. Wells Fargo Bank, N.A.
  198 So. 3d 1149· Fla. 4th DCA· 2016-08-31 ·cited 3×
  A borrower appeals a foreclosure case where the trial court allowed the bank to correct a legal description error in the judgment and certificate of title after the foreclosure sale had already occurred. The appellate court reversed, holding that when a legal description error is
• Waters v. Childers
  198 So. 3d 1007· Fla. 1st DCA· 2016-08-11 ·cited 3×
  An inmate sought relief from judgment after failing to timely appeal an order denying his mandamus petition because he did not receive notice of the order denying his motion for rehearing. The court reversed the trial court's summary denial, holding that the inmate's motion was f
• Francois v. Univ. OF Miami
  185 So. 3d 705· Fla. 3d DCA· 2016-02-17 ·cited 3×
  The trial court erred in denying the motion for relief from judgment because the law of the case doctrine did not preclude consideration of a subsequent reformation action, and the reformation related back to the original release.
• Voce v. Wachovia Mortg., FSB
  174 So. 3d 545· Fla. 4th DCA· 2015-08-26 ·cited 3×
  Pearl and Allan Voce appealed the trial court's denial of their motion to vacate a final foreclosure judgment for extrinsic fraud. The Fourth District Court of Appeal affirmed, holding that the motion was untimely filed nearly three years after judgment and, alternatively, lacked
• Trans Healthcare, Inc. v. Creekmore
  137 So. 3d 1112· Fla. 3d DCA· 2014-03-26 ·cited 3×
  Trans Healthcare, Inc. (THI) appeals a circuit court's 2013 order retaining continuing jurisdiction over a case involving recognition of a Maryland receiver's authority. The appellate court affirmed, holding that while the 2009 Maryland receivership order was not entitled to "ful
• Colon v. Colon
  45 So. 3d 553· Fla. 4th DCA· 2010-10-20 ·cited 3×
  In this dissolution of marriage case, the husband appeals the trial court's order denying his motion for relief from judgment as untimely. The appellate court reversed, holding that the trial court erred by summarily dismissing the entire motion when part of it properly asserted
• A.D. and C.D. v. M.D.M. and Sharon Bock
  920 So. 2d 857· Fla. 4th DCA· 2006-02-22 ·cited 3×
  A biological father sought a writ of mandamus to obtain the case number of an adoption file to file a motion for relief from judgment based on fraud. The court granted the writ but also ordered disclosure of protected adoption records. The appellate court affirmed the release of
• Newell v. Moore
  789 So. 2d 538· Fla. 1st DCA· 2001-07-24 ·cited 3×
• Palamara v. Chinnock Marine, Inc.
  788 So. 2d 305· Fla. 4th DCA· 2001-05-02 ·cited 3×
  The court held that an order denying a motion for relief from judgment 'without prejudice' is not a final, appealable order.
• Colston v. Green
  742 So. 2d 280· Fla. 1st DCA· 1998-03-24 ·cited 3×
  In this paternity case, the Florida District Court of Appeal reversed portions of a trial court's child support order determining that the trial court failed to properly apply statutory child support guidelines by refusing to consider the father's $900,000 signing bonus as income
• Debello v. Faske
  668 So. 2d 324· Fla. 3d DCA· 1996-02-21 ·cited 3×
  A defendant's Rule 1.540 motion for relief from a money judgment entered in his absence was granted because his failure to appear resulted from excusable neglect due to miscommunication about the trial date, and the trial court erred in defaulting him despite his answer.
• Goudie v. Garcia
  584 So. 2d 100· Fla. 3d DCA· 1991-07-30 ·cited 3×
  The court reversed and remanded because defendants' affidavits raised a genuine factual dispute about whether they received notice of the final hearing, which if true would entitle them to relief under Florida Rule 1.540(b)(4).
• Cezarina Onofrio v. Rubens Onofrio
  561 So. 2d 1200· Fla. 3d DCA· 1990-03-20 ·cited 3×
  Court vacated dismissal of appeal and reinstated it, holding that an order denying a motion to set aside a void judgment is appealable under Florida Rules of Appellate Procedure rule 9.130(a)(5) because void judgment is a ground for relief under rule 1.540(b)(4).
• Jester v. United States
  714 F.2d 97· 11th Cir.· 1983-09-06 ·cited 3×
  The appeal is dismissed because the notice of appeal was not timely filed within the sixty-day period required by Fed.R.App.P. 4(a), as no timely post-trial motion tolled the time for appeal.
• Hudson v. Univ. of Cent. Fla. Bd. of Trs.
  2023 WL 2024896· M.D. Fla.· 2025-05-13 ·cited 2×
  Plaintiff Hudson's case against the University of Central Florida Board of Trustees was dismissed without prejudice after she failed to timely file an amended complaint despite two extensions of the filing deadline and explicit notice that failure to amend would result in a final
• James v. Sec'y, Dep't of Corr.
  130 F.4th 1291· 11th Cir.· 2025-03-13 ·cited 2×
  The court denied the motion to stay execution, finding no substantial likelihood of success on the merits for the petitioner's claims regarding the denial of his Rule 60(b) motion and his post-judgment motion to amend.