SANTOS CASADO
v.
MCGINLEY, BHHS RESULTS REALTY, ET AL
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Ruben Santos Casado appealed a trial court's denial of his motion to vacate a judgment dismissing his breach of contract complaint and his motion for sanctions. The appellate court affirmed, holding that judicial error does not provide a basis for relief under Florida Rule of Civil Procedure 1.540(b) and finding no abuse of discretion in denying the sanctions motion.
Judicial error does not constitute grounds for relief under Rule 1.540(b), which addresses only mistakes resulting from oversight, neglect, or accident. The trial court did not abuse its discretion in denying the sanctions motion.
[1] Judicial error in a trial court's ruling is not a basis for relief under Florida Rule of Civil Procedure 1.540(b).
[2] Florida Rule of Civil Procedure 1.540(b) is not a substitute for appellate review of judicial error.
Previewing 2 of 3 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“[m]istakes which result from oversight, neglect or accident are subject to correction under rule 1.540(b)(1) but judicial error . . . is not one of the circumstances contemplated by the rule”
Establishes that judicial error is not a proper basis for Rule 1.540(b) relief
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Join FLexlaw to unlock all legal intelligenceCasado filed a breach of contract action but the trial court dismissed his complaint for failing to comply with a condition precedent. Casado then mov…
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LAMBERT, J. Ruben Santos Casado appeals the trial court’s unelaborated order that denied his Florida Rule of Civil Procedure 1.540(b) motion to vacate the final judgment entered in favor of Appellees and also denied his separate post-judgment motion to impose certain sanctions against Appellees. We affirm.
Casado’s rule 1.540(b) motion asserted that the trial court committed “judicial error” in entering a judgment dismissing his complaint for failing to comply with a condition precedent to the filing of his subject breach of contract action. Casado’s appeal lacks merit because judicial error in a trial court’s ruling does not provide a basis for relief under this rule. See Curbelo v. Ullman, 571 So. 2d 443, 445 (Fla. 1990) (holding that “[m]istakes which result from oversight, neglect or accident are subject to correction under rule 1.540(b)(1)” but “judicial error . . . is not one of the circumstances contemplated by the rule” (citations omitted)). Stated slightly differently, rule 1.540(b) is not a substitute for appellate review of judicial error. Bortz v. Bortz, 675 So. 2d 622, 624 (Fla. 1st DCA 1996) (citation omitted).
As to the appealed order’s denial of Casado’s motion to impose sanctions, our standard of review is abuse of discretion. See Boca Burger, Inc. v. Forum, 912 So. 2d 561, 573 (Fla. 2005) (“A lower court’s decision to impose sanctions is reviewed under an abuse of discretion standard.” (citation omitted)). We conclude, without further elaboration, that no abuse of discretion by the trial court has been shown on this record.
AFFIRMED.
EISNAUGLE and PRATT, JJ., concur. _____________________________
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Citator
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- Boca Burger, Inc. v. Forum, 912 So. 2d 561 (Fla. 2005)
- Arnaldo Curbelo, M.D. v. Ullman, 571 So. 2d 443 (Fla. 1990)
- Bortz v. Bortz, 675 So. 2d 622 (Fla. 1st DCA 1996)