KENNETH LEGLER, APPELLANT,
v.
KWITNEY, KROOP & SCHEINBERG, P.A., APPELLEE
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STONE, Judge.
This is an appeal from an order denying relief under rule 1.540(b), Florida Rules of Civil Procedure.
More than one year passed between the entry of a judgment of dismissal for want of prosecution and filing of the post judgment motion. A motion seeking relief from a judgment due to mistake, surprise, inadvertence, or excusable neglect must be filed “not more than one year after the judgment.” Fla.R.Civ.P. 1.540(b). An earlier appeal in this case, dismissed as untimely filed, did not toll the time for filing the motion under rule 1.540(b). Seven-up Bottling Co. of Miami v. George Construction Corp., 153 So. 2d 11 (Fla.3d DCA 1963).
We find insufficient support in the record to conclude that the judgment was void. Therefore, we cannot apply a reasonable time standard rather than the one-year limitation required by the rule. The order of the trial court is affirmed.
DELL, J., concurs.
ANSTEAD, J., dissents without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Flemenbaum v. Lily Flemenbaum, 636 So. 2d 579 (Fla. 4th DCA 1994)…eal divested the trial court of jurisdiction to hear the rule 1.540 motion. Calehuff v. Calehuff, 433 So. 2d 1021 (Fla. 4th DCA 1983). The appeal did not toll the time for filing the rule 1.540(b) motion. Legler v. Kwitney, Kroop & Scheinberg, P.A., 520 So. 2d 95 (Fla. 4th DCA 1988); Seven-Up Bottling Co. of Miami v. George Constr. Corp., 153 So. 2d 11 (Fla. 3d DCA 1963).…
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Myles v. Dep't of Health & Rehabilitative Servs., 633 So. 2d 1200 (Fla. 3d DCA 1994)…. See Seven-Up Bottling Co. of Miami, Inc. v. George Constr. .Corp., 153 So. 2d 11, 12 (Fla. 3d DCA 1963) (construing similarly worded provision of Florida Rule of Civil Procedure 1.38- [now Rule 1.540]); Legler v. Kwitney, Kroop & Scheinberg, P.A., 520 So. 2d 95 (Fla. 4th DCA 1988) (construing similarly worded provision of Florida Rule of Civil Procedure 1.540); see also Glatstein v. City of Miami, 391 So. 2d 297, 298 (Fla. 3d DCA 1980) (same); Redwing Carriers, Inc. v. Watson, 341 So. 2d 1049, 1051 n. 1 (F…
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Stembridge v. Preferred Risk Mut. Ins. Co. OF Iowa, 778 So. 2d 987 (Fla. 3d DCA 1998)…l the mandate was issued July 31, 1995. However, an appeal does not stay the one year period for filing the rule 1.540(b) motion. See Flemenbaum v. Flemenbaum, 636 So. 2d 579, 580 n. 1 (Fla. 4th DCA 1994); Legler v. Kwitney Kroop & Scheinberg, P.A., 520 So. 2d 95, 95 (Fla. 4th DCA 1988). In any event, the motion to vacate was filed more than a year after that mandate. Therefore, the judgment of dismissal must be affirmed. POLEN, MARK and KLEIN, LARRY, Associate Judges, concur.…
Authorities Cited
- Seven-Up Bottling Co. OF Miami, Inc. v. George Constr. Corp., 153 So. 2d 11 (Fla. 3d DCA 1963)