1.540 Relief from Judgment, Decrees or Orders

(a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. 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 discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment or decree is void; or (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application. 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. A motion under this subdivision does not affect the finality of a judgment or decree or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court.

Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review are abolished, and the procedure for obtaining any relief from a judgment or decree shall be by motion as prescribed in these rules or by an independent action.

6 Cases on Florida Rule of Civil Procedure 1.540 Relief from Judgment, Decrees or Orders

  1. Case Cite: Challenger Investment Group, LC v. Jones, et. al., 34 Fla. L. Wkly. D1990 (Fla. 3d DCA Sept. 30 2009) | Florida Rules Decisions Reporter

    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.

  2. Case Cite: ROBERT WHITNEY, D.C. d/b/a 127th Street Intracoastal Chiropractic Center vs. A AVENTURA CHIROPRACTIC CARE CENTER, INC. ET AL, 34 Fla. L. Wkly D2186b (3d DCA Oct. 21, 2009) | Florida Rules Decisions Reporter

    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 appellant “advanced no reason for simply ignoring, for so many years, a lawsuit he knew had been filed and served upon him in 1990.”

  3. Case Cite: Wells Fargo Bank v. Conaway, No. 09-000145 (Fla. 6th Cir. Jan. 11, 2010) | Florida Rules Decisions Reporter

    The defendant filed an emergency motion to set aside final judgment. The court found that the defendant had an inalienable due process right to notice of the summary judgment hearing pursuant to State Farm Fire and Casualty Co. v. Lezcano, 34 Fla. L. Wkly. D2105a (Fla. 2d DCA Oct. 14, 2009) and Greene v. Siegle, 745 So.2d 411 (Fla. 4th DCA 1999) and overturned the judgment pursuant to the court’s authority under Rule 1.540(b), Fla. R. Civ. Pro.

  4. Case Cite: Record Evidence Did Not Support Finding of Fraud on the Court – Ford v. Stimpson | Florida Rules Decisions Reporter

    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)….Fraud on the court occurs where “it can be demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability impartially to adjudicate a matter by improperly influencing the trier of fact or unfairly hampering the presentation of the opposing party’s claim or defense.” citing Cox v. Burke, 706 So. 2d 43, 46 (Fla. 5th DCA 1998).

  5. Case Cite: After One Year, Judgment Can Only Be Set Aside for Extrinsic Fraud | Florida Rules Decisions Reporter

    A trial court loses jurisdiction to entertain a motion to vacate a final judgment under Florida Rule of Civil Procedure 1.540 (b) after one year, including motions for “fraud on the court,”

  6. Dustin Burke

    I’m not an attorney, but I found this in regards to relief from orders over a year old concerning Rule 1.540(b) “Relief from a void judgment may be granted at any time.” Shiver v. Wharton, 9 So. 3d 687 (Fla 4th DCA 2009)

    Reply

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