ELNENAEY
v.
ELKADI
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A motion to vacate under Florida Family Law Rule of Procedure 12.540(b) does not toll the rendition of a judgment and therefore does not extend the time to appeal, and such a motion must be supported by sworn statements or affidavits to be valid.
[1] A motion to vacate a judgment under Florida Family Law Rule of Procedure 12.540(b) does not affect the finality of the judgment or suspend its operation and therefore doe…
[2] A motion to vacate based on excusable neglect must be supported by sworn statements or affidavits; unsworn assertions are insufficient.
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Join FLexlaw to unlock all legal intelligence“Excusable neglect must be proven by sworn statements or affidavits. Unsworn assertions of excusable neglect are insufficient.”
Court's explanation of the requirement for supporting a motion to vacate
Ahmed Elnenaey was subject to a final judgment of injunction for protection against domestic violence entered by the trial court. He filed a motion to…
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DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
AHMED ELNENAEY, Appellant,
v.
LAILA ELKADI, Appellee.
No. 2D2025-1247
May 13, 2026
Appeal from the Circuit Court for Hillsborough County; Frances M. Perrone, Judge.
Ahmed Elnenaey, pro se.
Laila Elkadi, pro se.
ROTHSTEIN-YOUAKIM, Judge.
Ahmed Elnenaey appeals a final judgment of injunction for protection against domestic violence entered against him as well as the trial court's denial of his motion to vacate that judgment. We dismiss for lack of jurisdiction his appeal of the judgment because his motion to vacate did not toll rendition of the judgment. See Fla. Fam. L. R. P. 12.540(b) ("A motion under this subdivision does not affect the finality of a judgment or suspend its operation."); see also Hatton v. Barnett Bank of Palm Beach Cnty., 550 So. 2d 65, 66 (Fla. 2d DCA 1989) (noting that motions filed under counterpart Florida Rule of Civil Procedure 1.540 "do
not suspend rendition of the final judgment (and therefore do not toll the time for filing an appeal)").
Although we have jurisdiction to review the trial court's denial of Elnenaey's motion to vacate, see Fla. R. App. P. 9.130(a)(5), we affirm because Elnenaey did not support his motion with an affidavit or other sworn statement, see Geer v. Jacobsen, 880 So. 2d 717, 720 (Fla. 2d DCA 2004) ("Excusable neglect must be proven by sworn statements or affidavits. Unsworn assertions of excusable neglect are insufficient." (quoting DiSarrio v. Mills, 711 So. 2d 1355, 1356 (Fla. 2d DCA 1998))).
Dismissed in part; affirmed in part.
KELLY and SMITH, JJ., Concur.
Opinion subject to revision prior to official publication. 2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Geer v. David Neal Jacobsen, Brian James Almengual, & Almengual & Warner, P.A., 880 So. 2d 717 (Fla. 2d DCA 2004)
- DiSARRIO v. Mills, 711 So. 2d 1355 (Fla. 2d DCA 1998)
- Hatton v. Barnett Bank OF Palm Beach Cnty., 550 So. 2d 65 (Fla. 2d DCA 1989)