LOWERY ENGINEERING AND ELECTRONICS, INC., APPELLANT,
v.
FRANCIS & ASSOCIATES, INC., APPELLEE
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Lowery Engineering appealed a trial court's order denying its petition to modify a supplementary execution order. The court had awarded Lowery's $60,000 promissory note to Francis & Associates to satisfy a $7,156.71 judgment, but failed to specify how much of the note was needed or address the disposition of excess proceeds worth approximately $46,000. The appellate court reversed, finding the trial court had the authority under Rule 1.540(b) to correct this oversight.
Yes. The appellate court reversed and remanded, holding that the trial court had authority under Rule 1.540(b) to correct the oversight in its order because Lowery sought to correct a mistake or inadvertence in the order, not to challenge the legal basis of the judgment. The trial court could and should modify the order to specify the amount awarded to appellee and provide that excess proceeds be returned to appellant.
[1] A trial court may relieve a party from a final order upon a motion filed within one year of the order's entry, based on grounds such as mistake, inadvertence, surprise, o…
[2] A motion filed under Florida Rule of Civil Procedure 1.540(b) must be made within one year of the entry of the judgment or order from which relief is sought.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A trial court is restricted in vacating a final judgment under Florida Rule Civil Procedure 1.540 to the narrow grounds stated therein, and is not empowered to revisit a final judgment on the merits so as to correct errors of law as the trial court may do on a motion for rehearing under Florida Rule of Civil Procedure 1.530.”
Establishes the limited scope of Rule 1.540 relief—courts cannot use it to correct legal errors, only to address the narrow grounds enumerated in the rule.
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Join FLexlaw to unlock all legal intelligenceFrancis & Associates obtained a default judgment against Lowery Engineering for $5,400 on a promissory note, plus accrued interest, totaling $7,156.71…
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RYDER, Acting Chief Judge.
Appellee brought an action to foreclose on a $5,400.00 promissory note. The trial court entered a default judgment against appellant. Subsequently, appellee filed a motion for proceedings supplementary to execution. The court entered an order regarding proceedings supplementary providing that the default judgment had not been satisfied “leaving the full amount due, plus accrued interest at the rate of 12% ... for a total of ... $7,156.71.” The order also provided that appellant’s only asset known at the time was a $60,000.00 promissory note owed to appellant. The court awarded appellee “all right, title and interest” of appellant in the $60,000.00 promissory note subject to a certain partial assignment of that note to Credithrift, Inc., to whom appellant had assigned the right to collect a portion of the payments under the note. The order specifically satisfied of record the final judgment entered in appellee’s favor. Approximately ten months later, appellant filed a petition to modify the order regarding the proceedings supplementary. Appellant sought to have the court resolve the issue of ownership of the excess proceeds from the $60,000.00 note used to satisfy the $7,011.18 judgment, a total of over $46,000.00. Appellee claimed that the order regarding proceedings supplementary entitled appellee to all proceeds from the note.
A hearing was held on appellant’s petition to modify the order regarding proceedings supplementary. The court denied appellant’s requested relief.
On appeal, appellant contends that the trial court erred when it denied appellant’s petition to modify the order regarding proceedings supplementary pursuant to Florida Rule of Civil Procedure 1.540. We agree.
Florida Rule of Civil Procedure 1.540(b) provides, in pertinent part: “On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, decree, order or proceeding for the following reasons: (1) mistake, inadvertence, and surprise or excusable neglect....” A motion pursuant to Rule 1.540(b) must be made within one year of the entry of the judgment.
A trial court is restricted in vacating a final judgment under Florida Rule Civil Procedure 1.540 to the narrow grounds stated therein, and is not empowered to revisit a final judgment on the merits so as to correct errors of law as the trial court may do on a motion for rehearing under Florida Rule of Civil Procedure 1.530. Herskowitz v. Herskowitz, 513 So. 2d 1318 (Fla. 3d DCA 1987).
In the instant case, appellant filed its motion to correct an oversight in the trial court’s order regarding proceedings supplementary within one year of the entry of the order. Appellant sought to have the trial court correct its order to provide for the amount of the $60,000.00 note to be awarded to appellee. Appellant did not seek to have the trial court correct an error of law or to otherwise modify the order. To affirm the flawed order would be to provide appellee a windfall. Appellee would receive approximately $46,000.00 on a $7,156.71 judgment. Surely, the trial court did not intend such an unjust result. The trial court’s error must be corrected.
Accordingly, we reverse and remand the matter to the trial court so that the trial court may correct its order to specify the amount of the $60,000.00 note to be awarded to appellee and to provide that the excess proceeds remaining after the judgment has been satisfied be paid to appellant.
REVERSED.
HALL and THREADGILL, JJ., concur.
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Citator
Cited By
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Erace v. Erace, 895 So. 2d 1226 (Fla. 3d DCA 2005)…rbelo v. Ullman, 571 So. 2d 443 (Fla.1990). Further, the trial court cannot revisit a final judgment under Rule 1.540 to correct errors which may have been corrected on a motion for rehearing. See Lowery Eng’g and Elecs. Inc. v. Francis and Assocs., 536 So. 2d 1142 (Fla. 2d DCA 1988). Accordingly, we affirm the trial court’s order in its entirety. Affirmed.…
Authorities Cited
- Herskowitz v. Herskowitz, 513 So. 2d 1318 (Fla. 3d DCA 1987)