ALLSTATE INSURANCE COMPANY, APPELLANT,

v.

LILLIAN CALERO, ETC. ET AL., APPELLEES

Citator

Cited By (30 total)

• Arnaldo Curbelo, M.D. v. Ullman, 571 So. 2d 443 (Fla. 1990)
  …accident are subject to correction under rule 1.540(b)(1). However, judicial error such as a “mistaken view of the law” is not one of the circumstances contemplated by the rule. Fiber Crete Homes, 315 So. 2d at 493; see also In re Estate of Beeman, 391 So. 2d 276 (Fla. 4th DCA 1980); Constant v. Tillitson, 214 So. 2d 91 (Fla. 1st DCA 1968). In the instant case, the trial court’s error in permitting a non-jury determination of damages when the right to jury trial had not been waived was a mistake of law which…
• The Travelers Indem. Co. v. Walker, 401 So. 2d 1147 (Fla. 3d DCA 1981)
  …final judgment, thus subject to review in the trial court only by a timely motion for rehearing.3 Shelby Mutual Ins. Co. of Shelby, Ohio v. Pearson, 236 So. 2d 1 (Fla.1970); Kippy Corp. v. Colburn, 177 So. 2d 193 (Fla.1965); In re Estate of Beeman, 391 So. 2d 276, 279 (Fla. 4th DCA 1980); Nahoom v. Nahoom, 341 So. 2d 257 (Fla. 3d DCA 1977). We hold that it was.4 As the familiar rule was succinctly stated in Slatcoff v. Dezen, 72 So. 2d 800 (Fla.1954), “the test of a final judgment is whether the judicial la…
• Commonwealth Land Title Ins. Co. v. Freeman, 884 So. 2d 164 (Fla. 2d DCA 2004)
  …uch relief on its on motion. See Bortz v. Bortz, 675 So. 2d 622, 624 (Fla. 1st DCA 1996); Fiber Crete Homes, 315 So. 2d at 493; In re Estate of Weymer, 199 So. 2d 495, 496-97 (Fla. 4th DCA 1967), receded from on other grounds, In re Beeman’s Estate, 391 So. 2d 276 (Fla. 4th DCA 1980). The trial court, however, can only grant such relief for one of the enumerated reasons in the rule. “Mistakes which result from oversight, neglect or accident are subject to correction under rule 1.540(b)(1). However, judicial e…

Authorities Cited

• United States Fid. & Guar. Co. v. Perez, 384 So. 2d 904 (Fla. 3d DCA 1980)