YOEL GUERRA
v.
CITIZENS PROPERTY INSURANCE CORPORATION

Fla. 3d DCA | 2021-06-23
No. 20-0920
Hill
Florida District Court of Appeal, Third District (2021)

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Holding

Rule 1.540 provides relief from judgments under limited circumstances and does not serve as a substitute for appellate review of judicial error.


Headnotes

[1] Rule 1.540 provides relief from judgments, decrees, or orders only under limited circumstances and does not serve as a substitute for appellate review of judicial error.

[2] A trial court possesses inherent authority to impose attorneys' fees against an attorney for bad faith conduct.

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Key Quotes

“Rule 1.540 was intended to provide relief from judgments, decrees or orders under a limited set of circumstances. This rule was not intended to serve as a substitute . . . for appellate review of judicial error.”

Citation to Curbelo v. Ullman establishing the limited scope of Rule 1.540 relief.

Facts & Procedural History

Appellants The Strems Law Firm, P.A., Yoel Guerra, and others appealed non-final orders from the Circuit Court for Miami-Dade County in a matter invol…

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Opinion of the Court

PER CURIAM.

Affirmed. See Curbelo v. Ullman, 571 So. 2d 443, 444 (Fla. 1990) (“Rule 1.540 was intended to provide relief from judgments, decrees or orders under a limited set of circumstances. This rule was not intended to serve as a substitute . . . for appellate review of judicial error.” (internal quotation omitted)); see also Moakley v. Smallwood, 826 So. 2d 221, 226 (Fla. 2002) (“[A] trial court possesses the inherent authority to impose attorneys’ fees against an attorney for bad faith conduct.”); Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So. 2d 1271, 1273 (Fla. 1990) (reaffirming that a trial judge has the “discretion to order dismissal or default for failure to comply with discovery requirements”).


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