On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been ...
The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken.
Vacating a Florida Judgment Florida Rules of Civil Procedure 1.540 allows a defendant to vacate of judgment for numerous reasons including: mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, the judgment is void or the judgment has been satisfied.
In Florida, a “void judgment” is so defective that it is deemed never to have had legal force and effect, while a “voidable judgment” is a judgment that has been entered based upon some error in procedure that allows a party to have the judgment vacated, but the judgment has legal force and effect unless and until it ...
A motion to dismiss for failure to state a cause of action will be granted only if the movant establishes that the pleader has failed to properly plead all of the necessary elements of the particular claim. This hinges on the substantive law for the different elements of different causes of action.
The original Motion to Vacate must be filed with the Clerk of the Circuit Court's Office, and courtesy copies must be sent the Child Support Hearing Officer and the Judge assigned to your case.
A motion to dismiss is a formal request by a party to the court to dismiss a case. This pretrial motion is often filed before a criminal or civil case begins. Often, the defendant files this type of motion shortly after receiving the complaint and before engaging in further legal proceedings.
A person can file a quitclaim deed by (1) entering the relevant information on a quitclaim deed form, (2) signing the deed with two witnesses and a notary, and (3) recording the deed at the county comptroller's office. In Florida, quitclaim deeds must have the name and address of both the grantor and the grantee.