PAMELA M. LEWIS AND THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLANTS,
v.
SAMMUEL MACK, APPELLEE
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PER CURIAM.
Reversed. The trial court did not have jurisdiction when it set aside a final judgment of paternity more than one year after its rendition absent fraud upon the court. Florida Rule of Civil Procedure 1.540(b); Pilz v. Pilz, 395 So. 2d 591 (Fla. 2d DCA 1981). The court was not authorized to reopen proceedings and relitigate matters previously finally resolved Johnson v. Johnson, 395 So. 2d 640 (Fla. 2d DCA 1981). Moreover, when a final judgment has been rendered, a second judge may not redecide the same case. Boeing Co. v. Merchant, 397 So. 2d 399 (Fla. 5th DCA 1981).
Accordingly, Judge Strickland’s order setting aside Judge Stokes’ final judgment of paternity is REVERSED and the cause REMANDED with directions to reinstate the original final judgment.
SCHEB, C. J., and BOARDMAN and SCHOONOVER, JJ., concur.
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Pruitt v. Brock, 437 So. 2d 768 (Fla. 1st DCA 1983)…esentations made by witnesses at the final hearing on this matter. Rule 1.540(b) provides that the court may entertain an independent action to relieve a party from a judgment, decree or order for fraud upon the court at any time. See Lewis v. Mack, 411 So. 2d 933, 934 (Fla. 2d DCA 1982); Pilz v. Pilz, 395 So. 2d 591 (Fla. 2d DCA 1981); Massey, Civil Procedure, 28 U.Miami L.Rev. 257, 328 (1974). Pruitt, therefore, could have filed an independent action based upon allegations of fraud upon the court notwithsta…
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Michelle Miller & the Fla. Dep't of Health & Rehabilitative Servs. v. Cowart, 546 So. 2d 768 (Fla. 2d DCA 1989)…court’s order awarding child support. As such, res judicata principles preclude Chambers from now attempting to relitigate the same issue. Johnson v. Johnson, 395 So. 2d 640 (Fla. 2d DCA 1981). Chambers, 472 So. 2d at 1359. See also Lewis v. Mack, 411 So. 2d 933 (Fla. 2d DCA 1982) (trial court may not relitigate matters previously resolved to set aside a final judgment of paternity more than one year after its rendition absent fraud upon the court). We can discern no meaningful distinction between the pres…
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Alphonso S. DeVAUGHN v. Dep't OF Revenue & Clara Brown, 691 So. 2d 11 (Fla. 4th DCA 1997)…r which appellant claims should be reversed. We affirm. Absent fraud on the court, the trial court did not have jurisdiction to set aside the 1982 judgment of paternity more than one year after its rendition. Fla. R.Civ.P. 1.540(b). Lewis v. Mack, 411 So. 2d 933 (Fla. 2d DCA 1982), and cases cited therein. The 1994 order was therefore void. Palm Beach County v. Boca Dev. Assocs. Ltd., 485 So. 2d 449 (Fla. 4th DCA), rev. denied, 492 So. 2d 1330 (Fla.1986). GUNTHER, C.J., and WARNER, J., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. Johnson, 395 So. 2d 640 (Fla. 2d DCA 1981)
- Babb v. State, 397 So. 2d 399 (Fla. 5th DCA 1981)
- The Boeing Co. v. Jessee David Merchant and Flora Merchant, 397 So. 2d 399 (Fla. 5th DCA 1981)
- Pilz v. Lenora Lynn Pilz, 395 So. 2d 591 (Fla. 2d DCA 1981)