YOUTH FOR CHRIST OF SARASOTA, INC., APPELLANT,
v.
SARASOTA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2000-08-02
No. 2D99-4476
CAMPBELL, A.C.J., and WHATLEY, J., Concur.
765 So. 2d 794 Florida District Court of Appeal, Second District (2000) Positive Treatment
Cited by 1 case

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Synopsis

Youth for Christ of Sarasota appealed a trial court order that modified a final judgment in an eminent domain case by offsetting the County's owed litigation costs against a deficiency judgment owed by the landowner. The appellate court reversed because the trial court lacked jurisdiction to modify a final judgment rendered three months earlier without compliance with applicable procedural rules.


Holding

The trial court lacked jurisdiction to modify the final judgment because the County did not file a motion to amend within ten days as required by Florida Rule of Civil Procedure 1.530(g) or file a motion for relief from judgment under Rule 1.540(b). A trial court retains jurisdiction to enforce a final judgment but not to modify its terms.


Headnotes

[1] A trial court lacks jurisdiction to modify a final judgment after the time for filing a motion to amend or for relief from judgment has expired.

[2] A motion to amend a final judgment under Florida Rule of Civil Procedure 1.530(g) must be served no later than ten days after the entry of the judgment.

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Key Quotes

“The trial court was without authority to modify the final judgment rendered three months earlier.”

Establishes the central holding that the trial court lacked jurisdiction to modify the final judgment.

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Facts & Procedural History

The County filed an eminent domain action in November 1994 seeking perpetual easement rights over the landowner's property. After a valuation trial in…

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Opinion of the Court
ISOM, CLAUDIA R., Associate Judge.

ISOM, CLAUDIA R., Associate Judge.

Youth for Christ of Sarasota, Inc. (the landowner), appeals from the “Order on Fees and Costs and Modification of the Final Judgment” in Sarasota County’s eminent domain action. We reverse the order because the trial court did not have jurisdiction to modify the final judgment.

On November 8,1994, the County filed a petition in eminent domain against the landowner which sought perpetual easement rights for three parcels of the landowner’s property.

The trial court entered an order of taking, and the County made its “good faith” declaration of taking deposit. See §§ 74.051, 74.061, Fla. Stat. (1993). As permitted by section 74.071, Florida Statutes (1993), the landowner withdrew the County’s good faith deposit from the court’s registry. The valuation trial took place over four years later, in February 1999. As it turned out, the good faith deposit exceeded the jury’s compensation award to the landowner.

Pursuant to section 74.071, the County obtained a final judgment of $57,275.57 against the landowner for the deficiency, which Judge Haworth rendered on May 26,1999.

The landowner filed a motion to tax costs pursuant to section 73.091, Florida Statutes (Supp.1994), and Judge McDonald heard the motion on September 29, 1999. The parties stipulated that the unpaid reasonable costs the landowner had incurred in defending the action totaled $33,615.25. The County argued that an equitable resolution would be to reduce the amount of the deficiency final judgment by the amount the County owed for the landowner’s costs. Over the landowner’s objection, Judge McDonald rendered an order on September 29, 1999, finding that “the amount of Defendant’s expert fees and costs should be offset against the amount the Defendant owes the County.” Judge McDonald’s order states that it modifies the final judgment against the landowner from $57,275.57 to $23,660.32.

The trial court was without authority to modify the final judgment rendered three months earlier. The County did not move to amend the final judgment pursuant to Florida Rule of Civil Procedure 1.530(g), which requires the motion to be served no later than ten days after entry of the judgment. Neither did the County move for relief from judgment pursuant to Florida Rule of Civil Procedure 1.540(b).

Thus, the trial court was without jurisdiction to enter an order modifying the final judgment. See Hillsborough County v. Lovelace, 673 So. 2d 917 (Fla. 2d DCA 1996) (holding that while trial court retained jurisdiction to enforce a final judgment, “it did not have jurisdiction to modify its terms” upon the parties’ stipulation); Valdes v. Planned Invs. Ass’n, 490 So. 2d 1067 (Fla. 3d DCA 1986) (holding that the trial court was without jurisdiction to award injunctive relief when it had entered final judgment forty days earlier awarding only damages); see also Tingle v. Dade County Bd. of County Comm’rs, 245 So. 2d 76 (Fla.1971) (recognizing that a successor judge does not have authority to modify a predecessor’s final judgment absent grounds in rule 1.540).

Therefore, we reverse the order appealed and remand for the trial court to enter an order taxing costs against the County in the stipulated sum of $33,615.25.

Reversed and remanded.

CAMPBELL, A.C.J., and WHATLEY, J., Concur.


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Citator

Cited By

  • Mocegui v. Pub. Serv. Mut. Ins. Co., 821 So. 2d 1189 (Fla. 3d DCA 2002)
    …nduct of an adverse party; (4) when the judgment is void; or (5) when the judgment has been satisfied; or discharged by a prior judgment. PSM did not move for relief on any of these grounds. See Youth For Christ of Sarasota, Inc. v. Sarasota County, 765 So. 2d 794 (Fla. 2d DCA 2000)(trial court lacked jurisdiction to modify final judgment where county did not move for relief under 1.530(g) or 1.540(b)). Furthermore, a motion under rule 1.540(b) shall be made within a reasonable time, and for reasons (1),(2) a…

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