Reasonable Time For Filing Motion

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

• Foley v. The Honorable J. Leonard Fleet
  644 So. 2d 551· Fla. 4th DCA· 1994-10-05 ·cited 18×
  A former husband sought a writ of prohibition to disqualify a trial judge in a post-dissolution action after learning the judge's campaign was being coordinated by an associate of opposing counsel's law firm. The court denied the writ because the disqualification motion was filed
• Magda Sanchez K/N/A Magda Rodriguez v. Neymee Sanchez
  285 So. 3d 969· Fla. 3d DCA· 2019-11-13 ·cited 17×
  The appellate court affirmed the trial court's denial of a motion to vacate orders related to adopted children. The appellant argued these orders were void because the trial court lost subject matter jurisdiction after entering final dissolution and adoption judgments. The court
• Bayview Loan Servicing, LLC v. Huso Dzidzovic
  249 So. 3d 1265· Fla. 2d DCA· 2018-06-22 ·cited 15×
  Bayview Loan Servicing appealed a trial court order that vacated a final judgment of foreclosure and dismissed its foreclosure action against Huso Dzidzovic, who claimed to have entered into a loan modification agreement with Bayview after the judgment was entered. The Second Dis
• Purdue v. R. J. Reynolds Tobacco Co.
  259 So. 3d 918· Fla. 2d DCA· 2018-11-14 ·cited 10×
  A party alleging that a dismissal order was entered without notice and an opportunity to be heard states a colorable entitlement to relief under Rule 1.540(b)(4) requiring an evidentiary hearing, despite the motion being filed outside the one-year period of Rule 1.540(b)(1), when
• 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
• BAL BAY Realty, Ltd. v. Pepsomers Corp.
  833 So. 2d 320· Fla. 4th DCA· 2003-01-08 ·cited 7×
  Bal Bay Realty appeals an award of attorney's fees to JBE Associates, arguing that JBE's motion for fees was untimely filed eight months after the appellate mandate was issued. The Fourth District Court of Appeal reverses, holding that the motion was not filed within a reasonable
• Pelican BAY Homeowners Ass'n, Inc. v. Robert Sedita & Patricia Sedita
  724 So. 2d 684· Fla. 5th DCA· 1999-01-22 ·cited 6×
  Pelican Bay Homeowners Association obtained an injunction against homeowners from parking commercial limousines in violation of deed restrictions. The trial court granted the injunction but denied the association's request for attorney's fees as the prevailing party. The appellat
• 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
• Pedro v. Metro-Dade Police Dep't
  583 So. 2d 406· Fla. 3d DCA· 1991-07-30 ·cited 2×
  Frank San Pedro appealed the denial of his motion to recover firearms seized by Metro-Dade Police during a search warrant execution related to a subsequently dismissed prosecution of his son. The court reversed, holding that the trial judge incorrectly applied a six-month reclama
• Bus. Credit Leasing, Inc. v. Engineered Disposal Sys., Inc.
  543 So. 2d 409· Fla. 4th DCA· 1989-05-17 ·cited 2×
  The court held that Heller had standing as a creditor to file an involuntary bankruptcy petition against PAC, affirming the district court's reversal of the bankruptcy court's dismissal.
• Varondria Williams and Michael Williams v. Fay Servicing, LLC
  S.D. Fla.· 2025-10-14
  The court recommended denying the plaintiffs' motion for relief from judgment because it was untimely and lacked extraordinary circumstances.
• Ofer v. Butchko
  S.D. Fla.· 2025-08-21
  The court held that the plaintiff's motion to reopen the case was denied because it did not meet the requirements of Federal Rule of Civil Procedure 60(b) and was not filed within a reasonable time.
• Means v. Sec'y Dep't of Corr.
  M.D. Fla.· 2022-08-11
  The court held that the petitioner's motion for relief from judgment was untimely and lacked merit, and therefore denied it.
• Southford v. Hatton
  566 So. 2d 527· Fla. 2d DCA· 1990-07-25
  The court held that the trial court erred in denying costs and attorney's fees to the prevailing party in the second suit, but correctly awarded costs to the plaintiff in the first suit.
• Alton G. Jeffcoat and Brenda B. Jeffcoat v. Heinicka
  436 So. 2d 1042· Fla. 2d DCA· 1983-08-26
  A trial court has jurisdiction to award attorney fees and costs under section 501.2105, Florida Statutes, even without expressly reserving jurisdiction, provided the motion and affidavit are filed within a reasonable time after final judgment.