ROBERT LEE DOUGLAS, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• In re Guardianship of Theresa Marie Schiavo v. Schiavo, 792 So. 2d 551 (Fla. 2d DCA 2001)
  …379 So. 2d 1310 (Fla. 1st DCA 1980) (affirming denial of rule 1.540 motion when issue could and should have been raised as affirmative defense, particularly when underlying action is not injunctive in nature); Gimbel v. Int’l Mailing & Printing Co., 505 So. 2d 631 (Fla. 4th DCA 1987) (affirming denial of rule 1.540 motion when trial court had previously considered same arguments during merits of trial and rejected them); Curtiss-Wright Corp. v. Diaz, 507 So. 2d 1197 (Fla. 3d DCA 1987) (holding that money judg…
• Harris v. Nat'l Judgment Recovery Agency, Inc., 819 So. 2d 850 (Fla. 4th DCA 2002)
  …he sale of the property while the suit was pending was a matter available as an affirmative defense in the Baarcke suit, and is not the type of equitable consideration contemplated by rule 1.540. See Gimbel v. International Mailing and Printing Co., 505 So. 2d 631, 633 (Fla. 4th DCA 1987). Appellant’s claim that the judgment was inexplicably increased, a claim based upon the clerical discrepancy between the clerk’s progress docket and the face of the judgment, is too frivolous to warrant serious consideration…

Authorities Cited

• Tortoise Island Cmtys., Inc. v. The Moorings Ass'n, Inc., 489 So. 2d 22 (Fla. 1986)