In this products liability case, final judgment was entered in favor of the defendant following a four-week jury trial. The plaintiff alleged that the defendant had committed fraud on the court and sought to set aside the final judgment pursuant to Fla. R. Civ. P. 1.540(b)(3). The trial court granted plaintiff’s motion finding that the defendant (1) had destroyed… Read more
In this case, the court entered a partial summary judgment on a counterclaim for monetary damages while the plaintiff’s affirmative claim was still pending. By including the phrase “for which let execution issue” in the judgment, the trial court attempted to permit the defendant to begin collection proceedings. The appellate court held that this was… Read more
In this case, a defendant filed a motion in 2007 to set aside a default judgment that had been entered and recorded in 1993. He claimed that he never received pleadings in the case or the judgments themselves. The appellate court affirmed the trial court’s finding that excusable neglect had not been established, because the… Read more
Even after judgment has been satisfied a Defendant can move to set aside the satisfaction and judgment using Fla. R. Civ. Pro. 1.540(b) to recapture a purported overpayment to the Plaintiff based on alleged fraud by the Defendant. The decision distinguishes between motions to set aside satisfaction brought by the Plaintiff versus the Defendant. This case involved a loan… Read more