Thursday, February 19, 2015

Be Specific: Order Vacating Judgment Pursuant to Rule 1.540 Reversed Because Motion Only Relied Upon Rehearing Rule (1.530)

In Foche Mortgage, LLC v. CitiMortgage, Inc. (3D14-521), the Third District reversed a trial court's order vacating a judgment pursuant to Rule 1.540. The Third District stated that the movant only referenced Rule 1.530 in the motion filed in the trial court and did not reference or make argument relating to Rule 1.540. Therefore, the motion could only be construed pursuant to Rule 1.530, which  requires a motion to be filed within fifteen days.* 

Because the movant only sought relief pursuant to Rule 1.530, and didn't reference or rely upon Rule 1.540, the motion was required to be filed within fifteen days of the entry of the order. Since it was not filed within that time period, the trial court lacked jurisdiction to enter the order appealed. 

* Rule 1.530 was recently amended to allow fifteen days. The prior version of the rule, and the version applicable to the motion at issue in the opinion, was ten days.


Post a Comment