Rule 1.510 of the Florida Rules of Civil Procedure provides in part: A party seeking to recover upon a claim may move for a summary judgment in that party's favor with or without supporting affidavits at any time after the expiration of 20 days from the commencement of the action. The motion shall state with particularity the grounds upon which it is based and the substantial matters of law to be argued and shall specifically identify any affidavits, answers to interrogatories, admissions, depositions, and other materials as would be admissible in evidence on which the movant relies. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.
Florida Motion for Relief from Judgment is a legal document filed by a party seeking to overturn or modify a court's judgment or decision. This motion allows individuals to present new evidence, arguments, or procedural irregularities that may have affected the original judgment. Here is a detailed description of the Florida Motion for Relief from Judgment, which also includes information on the different types of these motions: 1. Florida Motion for Relief from Judgment — Overview: The Florida Motion for Relief from Judgment is governed by Florida Rule of Civil Procedure 1.540. This rule provides various grounds under which a party can seek relief from a judgment, order, or proceeding. The purpose of this motion is to rectify errors or injustices resulting from the original decision. 2. Grounds for Filing the Motion: There are several grounds upon which a party can file a Florida Motion for Relief from Judgment. These grounds include: a. Mistake, inadvertence, surprise, or excusable neglect: This ground applies when a party's failure to respond or act was due to an understandable mistake or error. b. Newly discovered evidence: If a party becomes aware of crucial evidence that was previously unknown, they may file this motion to present such evidence to the court. c. Fraud, misrepresentation, or other misconduct: When a party believes that the opposing side engaged in fraudulent activities or misrepresented facts leading to an incorrect judgment, this ground can be invoked. d. Lack of jurisdiction: If the court lacks jurisdiction over the subject or the parties involved, a motion can be filed to question the validity of the judgment. e. Clerical mistake or mistake arising from oversight or omission: This ground covers clerical errors made by the court or unintentional omissions that affected the judgment. f. Judgment is void: When a judgment is rendered in violation of due process rights or lacks the required legal basis, the party may seek relief. 3. Different Types of Florida Motion for Relief from Judgment: a. Florida Rule of Civil Procedure 1.540(b): This provision allows parties to file a motion within one year of the judgment if the grounds raised fall under subsections b, c, d, or e mentioned above. b. Florida Rule of Civil Procedure 1.540(c): This subsection deals with motions filed after one year, usually used to challenge a judgment on the grounds of fraud, misrepresentation, or other misconduct. c. Florida Rule of Civil Procedure 1.540(a): Known as the "catch-all" provision, this offers relief from judgments based on grounds not covered under subsections b, c, d, or e. However, it should generally be filed within a reasonable time and is subject to court discretion. 4. Procedure for Filing the Motion: To file a Florida Motion for Relief from Judgment, the party must draft a written motion, stating the grounds and supporting legal arguments. All relevant evidence should accompany the motion. The opposing party is given an opportunity to respond, after which the court will hold a hearing to decide the matter. The court may grant or deny the motion, or it may modify the original judgment based on the evidence and arguments presented. In conclusion, the Florida Motion for Relief from Judgment is a crucial legal tool that allows parties to challenge and rectify erroneous or unjust judgments. By invoking specific grounds and following the appropriate rules and procedures, individuals can seek fair outcomes in their legal disputes.
