Legal Memorandum: Relief from a Judgment in FL

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)).


Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)