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Issue: Under Florida law, what is the legal standard when a party seeks to obtain relief from a judgment?
| Area of Law: | Litigation & Procedure |
| Keywords: | Relief from court orders; Mistake, inadvertence; Motion for relief |
| Jurisdiction: | Florida |
| Cited Cases: | 88 So. 3d 407 |
| Cited Statutes: | Fla. R. Civ. P. 1.540(b) |
| Date: | 06/01/2015 |
Rule 1.540 of the Florida Rules of Civil Procedure governs relief from court orders. Parties may seek relief from an order for mistake, inadvertence, surprise, or excusable neglect if the party files the motion within a reasonable time or not more than one year following the order. Fla. R. Civ. P. 1.540(b). A motion for relief is without merit where the moving party fails to file it within one year. Nastasi v. Thomas, 88 So. 3d 407, 410-411 (Fla. 4th DCA 2012) (citing Fla. R. Civ. P. 1.540(b)).
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