Florida Family Law Rule 12.540
RULE 12.540. RELIEF FROM JUDGMENT, DECREES, OR
ORDERS
(a) Clerical Mistakes. Clerical mistakes in judgments or
other parts of the record and errors arising from oversight or
omission may be corrected by the court at any time on its own
initiative or on the motion of any party and after such notice, if any,
as the court orders. During the pendency of an appeal such
mistakes may be so corrected before the record on appeal is
docketed in the appellate court, and thereafter while the appeal is
pending may be so corrected with leave of the appellate court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly
Discovered Evidence; Fraud; etc. On motion and on such terms
as are just, the court may relieve a party or a party’s legal
representative from a final judgment, order, or proceeding for the
following reasons:
(1) mistake, inadvertence, surprise, or excusable
neglect;
(2) newly discovered evidence which by due diligence
could not have been discovered in time to move for a new trial or
rehearing;
(3) fraud (whether heretofore denominated intrinsic or
extrinsic), misrepresentation, or other misconduct of an adverse
party;
(4) that the judgment is void; or
(5) that the judgment has been satisfied, released, or
discharged, or a prior judgment on which it is based has been
reversed or otherwise vacated, or it is no longer equitable that the
judgment should have prospective application.
The motion must be filed within a reasonable time, and for
reasons (1), (2), and (3) not more than 1 year after the judgment,
order, or proceeding was entered or taken; except that there will be
no time limit for motions based on fraudulent financial affidavits in
marital or paternity cases. The motion and any attachment or
exhibit to it must be in compliance with Florida Rule of General
Practice and Judicial Administration 2.425. A motion under this
subdivision does not affect the finality of a judgment or suspend its
operation. This rule does not limit the power of a court to entertain
an independent action or supplemental proceeding to relieve a party
from a judgment, order, or proceeding or to set aside a judgment for
fraud on the court.
Commentary
1995 Adoption. Under this provision, Florida Rule of Civil
Procedure 1.540 applies to all family law issues involving relief from
judgment, decrees, or orders, except that there shall be no time
limit for motions filed under rule 1.540(b) based on fraudulent
financial affidavits in marital or paternity cases. Rule 1.540 was
expanded to include marital cases through the rule making
procedure subsequent to the Florida Supreme Court’s decision in
DeClaire v. Yohanan, 453 So.2d 375 (Fla. 1984).
ORDERS
(a) Clerical Mistakes. Clerical mistakes in judgments or
other parts of the record and errors arising from oversight or
omission may be corrected by the court at any time on its own
initiative or on the motion of any party and after such notice, if any,
as the court orders. During the pendency of an appeal such
mistakes may be so corrected before the record on appeal is
docketed in the appellate court, and thereafter while the appeal is
pending may be so corrected with leave of the appellate court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly
Discovered Evidence; Fraud; etc. On motion and on such terms
as are just, the court may relieve a party or a party’s legal
representative from a final judgment, order, or proceeding for the
following reasons:
(1) mistake, inadvertence, surprise, or excusable
neglect;
(2) newly discovered evidence which by due diligence
could not have been discovered in time to move for a new trial or
rehearing;
(3) fraud (whether heretofore denominated intrinsic or
extrinsic), misrepresentation, or other misconduct of an adverse
party;
(4) that the judgment is void; or
(5) that the judgment has been satisfied, released, or
discharged, or a prior judgment on which it is based has been
reversed or otherwise vacated, or it is no longer equitable that the
judgment should have prospective application.
The motion must be filed within a reasonable time, and for
reasons (1), (2), and (3) not more than 1 year after the judgment,
order, or proceeding was entered or taken; except that there will be
no time limit for motions based on fraudulent financial affidavits in
marital or paternity cases. The motion and any attachment or
exhibit to it must be in compliance with Florida Rule of General
Practice and Judicial Administration 2.425. A motion under this
subdivision does not affect the finality of a judgment or suspend its
operation. This rule does not limit the power of a court to entertain
an independent action or supplemental proceeding to relieve a party
from a judgment, order, or proceeding or to set aside a judgment for
fraud on the court.
Commentary
1995 Adoption. Under this provision, Florida Rule of Civil
Procedure 1.540 applies to all family law issues involving relief from
judgment, decrees, or orders, except that there shall be no time
limit for motions filed under rule 1.540(b) based on fraudulent
financial affidavits in marital or paternity cases. Rule 1.540 was
expanded to include marital cases through the rule making
procedure subsequent to the Florida Supreme Court’s decision in
DeClaire v. Yohanan, 453 So.2d 375 (Fla. 1984).