GERALD G. TURNER, APPELLANT,

v.

KAREN K. TURNER, APPELLEE

Citator

Cited By

• Allstate Floridian Ins. Co. v. Ronco Inventions, LLC, 890 So. 2d 300 (Fla. 2d DCA 2004)
  …hoenix Network, Inc., 564 So. 2d 1145 (Fla. 3d DCA 1990), supported their claim that they had demonstrated due diligence. However, Appellees completely misconstrued Techvend. Appellees argued that Techvend and Garvin v. South Carolina Insurance Co., 528 So. 2d 929 (Fla. 2d DCA 1988), which was cited with approval in Techvend, stood for the proposition that any delay of up to six months was acceptable in the Second District. In reality, Techvend found a three-month delay to be unacceptable. It cited Garvin as…
• Techvend, Inc. v. The Phoenix Network, Inc., 564 So. 2d 1145 (Fla. 3d DCA 1990)
  …ult. Fischer v. Barnett Bank of South Florida, N.A., 511 So. 2d 1087 (Fla. 3d DCA 1987) (five weeks); Bayview Tower Condominium Ass’n, Inc. v. Schweizer, 475 So. 2d 982, 983 (Fla. 3d DCA 1985) (one month); see also Garvin v. South Carolina Ins. Co., 528 So. 2d 929 (Fla. 2d DCA 1988) (six months). While the theoretical underpinning of the due diligence requirement has perhaps not so far been fully explicated, it would appear that the requirement that one move expeditiously to nullify a default is directly re…
• Bacon Fam. P'rs, L.P. v. Apollo Condo. Ass'n, Inc., 852 So. 2d 882 (Fla. 2d DCA 2003)
  …fter the filing of its notice dismissing the Counterclaim. Rule 1.540(b) provides an outside limit of one year within which to file a motion for relief grounded upon mistake, inadvertence, surprise, or excusable neglect. See Garvin v. S.C. Ins. Co., 528 So. 2d 929, 930 (Fla. 2d DCA 1988); Freeman v. Sanders, 562 So. 2d 834, 836 (Fla. 1st DCA 1990). Although relief from clerical mistakes may be sought "at any time” pursuant to rule 1.540(a), such relief is limited to errors committed by the court or the clerk.…