ROBERT L. FOX, SR.
v.
TIMEPAYMENT CORP. AND ICE GLASS PRINTS FLORIDA, LLC N/K/A DIAMOND ICE PRINTS, LLC

Fla. 5th DCA | 2021-05-25
No. 20-2143
Munyon, J., Cohen, J., Lambert, J., Edwards, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A change in the applicable rule of law resulting from a later appellate decision in an unrelated case is not grounds to vacate a final order under Florida Rule of Civil Procedure 1.540(b).


Headnotes

[1] A change in the applicable rule of law resulting from a later appellate decision in an unrelated case does not constitute grounds to vacate a final order under Florida Ru…

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Key Quotes

“A change in the applicable rule of law resulting from a later appellate decision in an unrelated case is not a ground [under Florida Rule of Civil Procedure 1.540(b)] to vacate a final order.”

Court's statement of controlling legal principle from Petrysian v. Metro. Gen. Ins.

Facts & Procedural History

Robert L. Fox, Sr. appealed a judgment involving Timepayment Corp. and Ice Glass Prints Florida, LLC. The appellant sought to vacate the final order b…

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Opinion of the Court
Edwards

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

ROBERT L. FOX, SR., Case No. 5D20-2143 Appellant, v.

TIMEPAYMENT CORP. AND

ICE GLASS PRINTS FLORIDA, LLC N/K/A DIAMOND ICE PRINTS, LLC, Appellees. ________________________________/ Opinion filed May 25, 2021 Nonfinal Appeal from the Circuit Court for Orange County, Lisa T. Munyon, Judge. John J. Bennett, of Nardella & Nardella, PLLC, Orlando, for Appellant. Ralph S. Marcadis, of Marcadis Singer, P.A., Tampa, for Appellee Timepayment Corporation. No Appearance for Other Appellee.

PER CURIAM.

2 AFFIRMED. See Petrysian v. Metro. Gen. Ins., 672 So. 2d 562, 563 (Fla. 5th DCA 1996) (“A change in the applicable rule of law resulting from a later appellate decision in an unrelated case is not a ground [under Florida Rule of Civil Procedure 1.540(b)] to vacate a final order.” (citing Theisen v. Old Republic Ins., 468 So. 2d 434, 435 (Fla. 5th DCA 1985))); Williams v. Skylink Jets, Inc., 229 So. 3d 1275, 1279 (Fla. 4th DCA 2017) (recognizing that a final judgment rendered without notice to the defaulting party remains valid as to any claim for liquidated damages). COHEN, LAMBERT and EDWARDS, JJ., concur.


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