WILLIAM BROWN, APPELLANT,
v.
DONNA CANNADY-BROWN, APPELLEE
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.
The Fourth District Court of Appeal affirmed the trial court's denial of a motion for relief from judgment seeking to retroactively apply a reduced alimony obligation. The court held that changing the effective date of an alimony obligation constitutes a substantive modification of a judgment, not a clerical mistake, and therefore cannot be corrected under Florida Rule of Civil Procedure 1.540(a).
The trial court properly denied the motion for relief from judgment because retroactively applying the reduced alimony obligation constitutes a substantive modification of the judgment, not a clerical mistake correctable under Rule 1.540(a). The former husband waived the issue by failing to timely raise it in a motion to alter or amend the judgment under Rule 1.530 or in a timely appeal.
[1] A motion to change a substantive provision of an order, rather than a clerical mistake, cannot be corrected under Florida Rule of Civil Procedure 1.540(a).
[2] Clerical mistakes that may be corrected under Florida Rule of Civil Procedure 1.540(a) are errors or mistakes arising from accidental slip or omission, not errors or mist…
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 may correct a clerical error 'at any time on its own initiative' pursuant to Florida Rule of Civil Procedure 1.540(a), but judicial errors, which include errors that affect the substance of a judgment, must be corrected within ten days pursuant to Florida Rule of Civil Procedure 1.530[ (g) ], or by appellate review.”
Establishes the distinction between clerical errors correctable at any time under Rule 1.540(a) and substantive judicial errors that must be corrected within ten days or appealed
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn a 2005 dissolution judgment, the former husband was ordered to pay $1,509.82 per month in child support and $2,000 per month in alimony. On remand …
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.
We affirm the trial court’s denial of a motion for relief from judgment brought pursuant to Florida Rule of Civil Procedure 1.540(a). The motion sought to change a substantive provision of the order, not a “clerical mistake” that may be reached under the rule.
In a 2005 final judgment of dissolution, the circuit court ordered the former husband to pay $1,509.82 per month in child support and $2,000 per month in alimony. Concluding that the trial court erred in its imputation of income, this court reversed and remanded to the circuit court with directions “to revisit not only the former husband’s child support obligations, but also his obligations with respect to alimony and attorney’s fees.” Brown v. Cannady-Brown, 954 So.2d 1206, 1210 (Fla. 4th DCA 2007). After a hearing, on May 5, 2008, the circuit court ordered the former husband to pay $360.81 per month in child support “effective July 11, 2005.” In a separate paragraph, the court reduced the alimony obligation from $2,000 a month to “$1.00 a month subject to modification upon the Former Husband obtaining gainful employment.” Unlike the ruling on child support, the court’s order was silent as to the effective date of the $1.00 per month alimony obligation.
More than five months after the trial court issued its order on remand, the former husband filed a motion to “clarify” it. He contended that the child support ledger reflected past due alimony amounts exceeding $60,000, plus interest and penalties, from July 11, 2005 through 2008. He requested that the court amend its May 5 order to make the $1 per month alimony retroactive to July 11, 2005. A month later, the former husband filed a motion for relief from judgment under Florida Rule of Civil Procedure 1.540(a), which reasserted the same facts and request for relief contained in the earlier motion to clarify.
The trial court denied the former husband’s motion without explanation except to cite Solmo v. Friedman, 909 So.2d 560 (Fla. 4th DCA 2005). We construe the order as denying the motion because the former husband had waived the issue of the retroactive application of the new alimony determination by failing to raise it in a timely motion for rehearing or to alter or amend the judgment under Florida Rule of Civil Procedure 1.530, which provides a deadline of ten days. See Fla. R. Fam. L. 12.530.
In Malone v. Percival, 875 So.2d 1286, 1288 (Fla. 2d DCA 2004), the second district described the limits of rule 1.540(a) to correct errors other then “clerical mistakes”:
“A trial court may correct a clerical error ‘at any time on its own initiative’ pursuant to Florida Rule of Civil Procedure 1.540(a), but judicial errors, which include errors that affect the substance of a judgment, must be corrected within ten days pursuant to Florida Rule of Civil Procedure 1.530[ (g) ], or by appellate review.” Bolton v. Bolton, 787 So.2d 237, 238-39 (Fla. 2d DCA 2001). As stated in Byers v. Callahan, 848 So.2d 1180, 1184 (Fla. 2d DCA 2003), “[t]he ‘clerical mistakes’ referred to by Rule 1.540(a) are only ‘errors or mistakes arising from accidental slip or omission, and not errors or mistakes in the substance of what is decided by the judgment or order.’ Town of Hialeah Gardens v. Hendry, 376 So.2d 1162, 1164 (Fla.1979) (quoting Keller v. Bel *168 cher, 256 So.2d 561, 563 (Fla. 3d DCA 1971)).”
In a family law case, the length of time that an obligation is to be paid is an error that affects the substance of a judgment; not a “clerical” mistake that can be corrected under rule 1.540(a). See Malone, 875 So.2d at 1288 (holding that the addition of a provision extending support beyond child’s eighteenth birthday “was substantive, not clerical”); Padot v. Padot, 891 So.2d 1079, 1084-85 (Fla. 2d DCA 2004) (holding that changing the period of retroactivity of sums owed to former wife was not a “clerical correction under rule 1.540”); Fuller v. Fuller, 706 So.2d 57, 59-60 (Fla. 4th DCA 1998) (holding that provision relieving father of obligation to pay child support during the summer was substantive provision and not an “omission or oversight” that could be corrected under rule 1.540(a)).
The former husband did not timely bring a motion under rule 1.530. Nor did he raise the issue of retroactivity of the alimony payments in a timely filed appeal. We affirm the trial court’s order denying the rule 1.540(a) motion.
POLEN and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Thomas v. Khadejah Cromer (Fla. 3d DCA 2019)…d a substantive change, not the sort of accidental slip or omission permitted to be corrected under [Florida Rule of Civil Procedure] 1.540(a).” Lorant v. Whitney Nat’l Bank, 162 So. 3d 244, 245 (Fla. 1st DCA 2015); see also Brown v. Cannady-Brown, 36 So. 3d 166, 168 (Fla. 4th DCA 2010) (“In a family law case, the length of time that an obligation is to be paid is an error that affects the substance of a judgment; not a ‘clerical’ mistake that can be corrected under rule 1.540(a).”) (citations omitted). We…
Authorities Cited
- Town OF Hialeah Gardens v. Hendry, 376 So. 2d 1162 (Fla. 1979)
- Keller v. Belcher, 256 So. 2d 561 (Fla. 3d DCA 1971)
- Solmo v. Friedman, 909 So. 2d 560 (Fla. 4th DCA 2005)
- Brown v. Cannady-Brown, 954 So. 2d 1206 (Fla. 4th DCA 2007)
- Byers v. Callahan, 848 So. 2d 1180 (Fla. 2d DCA 2003)
- Bolton v. Bolton, 787 So. 2d 237 (Fla. 2d DCA 2001)
- Albaro Francisco Flores v. State, 875 So. 2d 1286 (Fla. 5th DCA 2004)
- Malone v. Percival, 875 So. 2d 1286 (Fla. 2d DCA 2004)
- Padot v. Padot, 891 So. 2d 1079 (Fla. 2d DCA 2004)
- Fuller v. Fuller, 706 So. 2d 57 (Fla. 4th DCA 1998)