FLORIDA HIGH SCHOOL, ACTIVITIES, INC., ET AL., APPELLANTS,
v.
ANTONIO LATIMER, ET AL., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
FHSAA, a high school athletic regulatory organization, appeals a trial court order vacating summary judgment in its favor. The court reverses, holding that the trial court lacked authority to vacate the final judgment because the motion to vacate failed to comply with Rule 1.540 requirements and the claims had become moot.
The trial court erred in vacating the final judgment because the motion to vacate failed to allege specific grounds required under Rule 1.540, lacked evidentiary support, and contained no findings supporting vacation. Additionally, all claims were moot because the athletic season had concluded and the sanctions had expired, depriving plaintiffs of standing.
[1] A motion to vacate a final judgment must allege specific grounds, such as mistake, inadvertence, surprise, or excusable neglect, and cannot be based on mere legal conclus…
[2] Excusable neglect must be proven by sworn statements or affidavits, and unsworn assertions are insufficient.
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“the motion failed to allege any of the limited grounds specifically required to vacate a final judgment such as mistake, inadvertence, surprise, and other grounds”
Establishes that the motion to vacate did not comply with Rule 1.540 requirements
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFHSAA charged Miami Senior High School with recruiting violations. FHSAA issued findings, conclusions, and penalties including participation restricti…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Florida Rule Of Civil Procedure 1.530 cases and more on FLexlaw
RAMIREZ, J.
Florida High School Activities, Inc. (FHSAA) appeals the trial court’s order vacating the entry of summary final judgment in its favor. We reverse.
FHSAA is a not for profit corporation that regulates the interscholastic activities of most Florida public and private schools, and prohibits the recruiting of students for athletic purposes. The FHSAA and its Commissioner, Ronald N. Davis, charged Miami Senior High School (Miami High) of violating certain FHSAA bylaws and policies on recruiting. FHSAA subsequently issued findings of fact, conclusions, and penalties directed at Miami High and certain Miami High student athletes. The penalties assessed included, among other things, participation restrictions for student athletes in interscholastic activities, all of which have expired.
Antonio Latimer, together with other students, filed suit against FHSAA and others seeking injunctive and declaratory relief to prevent FHSAA from enforcing its sanctions. Latimer also sought declaratory and other relief against the Greater Miami Athletic Conference (GMAC), among others, all of whom filed a separate appeal which has since been consolidated.
The trial court denied Latimer’s motion for final summary judgment. Upon La-timer’s request, the trial court entered an order granting summary final judgment in favor of FHSAA. That order was previously appealed and this Court dismissed the appeal based on the “invited error” doctrine because Latimer’s counsel, in his attempt to perfect an appeal, had asked the trial judge to enter the precise order that was being challenged. The trial court also entered an order on February 12, 1999 granting GMAC’s cross-motion for summary judgment.
After the dismissal of his appeal, Latimer filed his Motion to Vacate the February 12, 1999 order which had granted summary judgment to FHSAA and GMAC. By granting this Motion to Vacate, the trial court erred because the motion failed to allege any of the limited grounds specifically required to vacate a final judgment such as mistake, inadvertence, surprise, and other grounds. Blimpie Capital Venture, Inc. v. Palms Plaza Partners, 636 So. 2d 838, 840-41 (Fla. 2d DCA 1994) (Allegations of excusable neglect require more than mere legal conclusions).
In addition, there was no evidence presented to the trial court by way of affidavit, testimony, or otherwise to support the motion. DiSarrio v. Mills, 711 So. 2d 1355, 1356 (Fla. 2d DCA 1998) (“Excusable neglect must be proven by sworn statements or affidavits”); Schauer v. Coleman, 639 So. 2d 637, 638-39 (Fla. 2d DCA 1994) (Unsworn assertions of excusable neglect are insufficient). The order contains no findings in support of any of the grounds required under Fla.R.Civ.P. 1.540 to vacate the final judgment. This rule is not intended to relieve a party from its own tactical mistakes. State Farm Mut. Auto. Ins. Co. v. Isom, 681 So. 2d 1170, 1172 (Fla. 5th DCA 1996) (“rule 1.540 does not provide relief for judgmental mistakes nor tactical errors of counsel nor from mistakes of law. This rule merely provides relief from judgments based on mistakes which result from oversight, neglect or accident.”).
In his brief, Latimer argues that the trial court could properly vacate its order under Fla.R.Civ.P. 1.530. The motion presented below, however, does not mention this rule and a careful review of the transcript of the hearing shows that the parties were arguing the motion to vacate, not a motion for rehearing. See, e.g. Owens-Corning Fiberglas Corp. v. Ballard, 749 So. 2d 483, 486 n.6 (Fla.1999) (“Because this argument was not the specific ground asserted before the trial court, it may not be raised for the first time on appeal.”).
Finally, none of the plaintiffs have standing to pursue their claims because, after the conclusion of the basketball season on March 6, 1999, all the issues were rendered moot.
We therefore reverse the order vacating the final summary judgment dated February 12,1999.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Geer v. David Neal Jacobsen, Brian James Almengual, & Almengual & Warner, P.A., 880 So. 2d 717 (Fla. 2d DCA 2004)…nt to constitute a response to the amended complaint. The attorney’s errors, even if constituting mis [*721] takes of law, tactical errors, or judgmental mistakes, do not constitute excusable neglect. See Fla. High Sch., Activities, Inc. v. Latimer, 750 So. 2d 762, 763 (Fla. 3d DCA 2000); State Farm Mut. Auto. Ins. Co. v. Isom, 681 So. 2d 1170, 1172 (Fla. 5th DCA 1996). Similarly, an attorney’s inadvertence or ignorance of the rules does not constitute excusable neglect. Spencer v. Barrow, 752 So. 2d 135, 138…
-
Williams v. Williams, 939 So. 2d 1154 (Fla. 2d DCA 2006)…settling the dissolution of marriage litigation was not subject to a ‘fair and reasonable’ inquiry by the court.”). Further, rule 1.540 “is not intended to relieve a party from its own tactical mistakes.” Fla. High Sch., Activities, Inc. v. Latimer, 750 So. 2d 762, 763 (Fla. 3d DCA 2000). Regarding duress, it “is a condition of mind produced by an improper external pressure or influence that practically destroys the free agency of a party and causes him to do an act or make a contract not of his own volition…
-
Melton Mgmt., Inc. v. Krott-Shaughnessy, 872 So. 2d 320 (Fla. 4th DCA 2004)…n appeal, we find that the record supports the lower court’s conclusion that Melton intentionally chose not to pursue a claim for costs in the first action. As such, there can be no excusable neglect. See Fla. High Sch., Activities, Inc. v. Latimer, 750 So. 2d 762, 763 (Fla. 3d DCA 2000) (excusable neglect rule “is not intended to relieve a party from its own tactical mistakes”); BMW of N. Am., Inc. v. Krathen, 471 So. 2d 585, 588 (Fla. 4th DCA 1985) (excusable neglect warrants relief from judgment only “wher…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Owens-Corning Fiberglas Corp. v. Deward Ballard, 749 So. 2d 483 (Fla. 1999)
- Blimpie Cap. Venture, Inc. v. Palms Plaza P'rs, Ltd., 636 So. 2d 838 (Fla. 2d DCA 1994)
- DiSARRIO v. Mills, 711 So. 2d 1355 (Fla. 2d DCA 1998)
- Schauer v. Coleman, 639 So. 2d 637 (Fla. 2d DCA 1994)
- State Farm Mut. Auto. Ins. Co. v. Isom, 681 So. 2d 1170 (Fla. 5th DCA 1996)