STELLA RYLANDER, APPELLANT,

v.

BENNY TESCHOUVA, APPELLEE

Citator

Cited By

• Amado Evarito Garcia v. Stewart, 906 So. 2d 1117 (Fla. 4th DCA 2005)
  …time limitations for rehearing and notice of appeal have run, a party seeking to set aside a judgment can proceed only under rule 1.540). Rule 1.540 provides relief from judgments only “under a limited set of circumstances.” See Abram, v. Wolicki, 864 So. 2d 18, 20 (Fla. 4th DCA 2003) (citation omitted). A substantive legal error is not one of the “limited circumstances” that can sustain a request for relief from judgment under rule 1.540. See Curbelo v. Ullman, 571 So. 2d 443, 445 (Fla.1990) (“[A] judicia…
• Molinos DEL S.A. v. E.I. Dupont de Nemours & Co., 947 So. 2d 521 (Fla. 4th DCA 2006)
  …9)). As an exception to the rule of finality, Rule 1.540(b) gives the trial court jurisdiction to relieve a party from a final judgment in a narrow range of circumstances. See Bane v. Bane, 775 So. 2d 938, 941 (Fla.2000); see also Abram v. Wolicki, 864 So. 2d 18, 20 (Fla. 4th DCA 2003) (stating that rule 1.540(b) provides relief from judgment only “under a limited set of circumstances”); Am. Fire & Cas. Co. v. Dawson, 400 So. 2d 849, 849 n. 1 (Fla. 2d DCA 1981) (holding that an order is final unless it fall…
• DRD Marine Corp. v. Byrd Techs., Inc., 77 So. 3d 867 (Fla. 4th DCA 2012)
  …e without merit. On the first argument, as stated above, the circuit court was without authority to direct the clerk to close the file without following rule 1.420(e)’s requirements. Thus, the court’s directions were a nullity. See Abram v. Wolicki, 864 So. 2d 18, 21 (Fla. 4th DCA 2003) (where the trial court entered an order not authorized by the Florida Rules of Civil Procedure, the order was a nullity). On the second argument, the circuit court did not make any factual findings as to the improper actions…

Authorities Cited

• Dugan v. Haige, 54 So.2d 201 (Fla. 1951)
• Horatio Enters., Inc. v. Rabin, 614 So. 2d 555 (Fla. 3d DCA 1993)
• Tallahassee Mall, Inc. v. Rogers, 352 So. 2d 1272 (Fla. 1st DCA 1977)