Florida Juvenile Procedure Rule 8.270 - RELIEF FROM JUDGMENTS OR ORDERS | Syfert Law

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Florida Juvenile Procedure Rule 8.270

RULE 8.270. RELIEF FROM JUDGMENTS OR ORDERS

(a) Clerical Mistakes. Clerical mistakes in judgments,
orders, or other parts of the record and errors therein arising from
oversight or omission may be corrected by the court at any time on
its own initiative or on motion of any party, 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) Extraordinary Relief. On motion and upon such terms
as are just, the court may relieve a party or the party’s legal
representative from an order, judgment, 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 rehearing.

(3) Fraud (intrinsic or extrinsic), misrepresentation, or
other misconduct of any other party.

(4) That the order or judgment or any part thereof is
void.

The motion shall be made within a reasonable time, and for
reasons (1), (2), and (3) not more than 1 year after the judgment,
order, or proceeding was taken.

(c) Limitation. After the court loses jurisdiction of the
cause, as provided by law, a motion for relief of judgment or order
under subdivision (b) shall not be heard.

Cases Citing Rule 8.270

Total Results: 16

LW v. Department of Children and Families

812 So. 2d 551, 2002 WL 464687

District Court of Appeal of Florida | Filed: Mar 28, 2002 | Docket: 1364001

Cited 17 times | Published

that the trial court correctly concluded that rule 8.270(b) was not designed to allow the presentation

Category: Juvenile Procedure

Petition of Fla. Bar, Rules of Juv. Proc.

462 So. 2d 399, 10 Fla. L. Weekly 1

Supreme Court of Florida | Filed: Dec 28, 1984 | Docket: 1509954

Cited 5 times | Published

child for subsequent adoption. IX. I. CONTEMPT Rule 8.270. Direct Contempt A contempt may be punished summarily

Category: Juvenile Procedure

In Re EK

33 So. 3d 125, 2010 WL 1688459

District Court of Appeal of Florida | Filed: Apr 28, 2010 | Docket: 1649198

Cited 3 times | Published

doing, the trial court found, inter alia, that rule 8.270(b) was not a proper mechanism through which to

Category: Juvenile Procedure

R.W. v. Department of Children & Families

164 So. 3d 15, 2015 WL 1342155

District Court of Appeal of Florida | Filed: Mar 26, 2015 | Docket: 60247944

Cited 1 times | Published

denying a motion for relief from judgment under rule 8.270(b)- is an appealable non-final order. See Fla

Category: Juvenile Procedure

S.K. v. Department of Children & Family Services

33 So. 3d 125, 2010 Fla. App. LEXIS 5578

District Court of Appeal of Florida | Filed: Apr 28, 2010 | Docket: 60289937

Cited 1 times | Published

doing, the trial court found, inter alia, that rule 8.270(b) was not a proper mechanism through which to

Category: Juvenile Procedure

A.W.P. v. Department of Children & Family Services

14 So. 3d 1240, 2009 Fla. App. LEXIS 8586

District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 60241290

Cited 1 times | Published

reviewable by the method prescribed by this rule.” Rule 8.270(a) provides for relief from “[clerical mistakes

Category: Juvenile Procedure

In Re Awp, Jr.

14 So. 3d 1240, 2009 WL 1874088

District Court of Appeal of Florida | Filed: Jul 1, 2009 | Docket: 1157930

Cited 1 times | Published

reviewable by the method prescribed by this rule." Rule 8.270(a) provides for relief from "[c]lerical mistakes

Category: Juvenile Procedure

Dept. of Children and Families v. JJE

953 So. 2d 659, 2007 Fla. App. LEXIS 4670

District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 1337831

Cited 1 times | Published

Tombrink, did not have authority to hear Appellee's rule 8.270(b)(4) motion because he is the successor judge

Category: Juvenile Procedure

SB v. Department of Children and Families

825 So. 2d 1057, 2002 Fla. App. LEXIS 13455, 2002 WL 31059812

District Court of Appeal of Florida | Filed: Sep 18, 2002 | Docket: 1312052

Cited 1 times | Published

rule 1.540, Florida Rules of Civil Procedure, or rule 8.270, Florida Rules of Juvenile Procedure, or a petition

Category: Juvenile Procedure

D.H., the Father v. T.N.L., the Mother and Guardian Ad Litem Program

191 So. 3d 943, 2016 WL 2744953, 2016 Fla. App. LEXIS 7190

District Court of Appeal of Florida | Filed: May 11, 2016 | Docket: 3071442

Published

response, the father moved for relief pursuant to Rule 8.270, arguing, in relevant part, that the fee award

Category: Juvenile Procedure

A.C. v. Florida Department of Children and Families, R.A., minor child and Adoptive Parents of R.A.

181 So. 3d 574, 2016 Fla. App. LEXIS 189

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026067

Published

whether any color-able entitlement to relief under rule 8.270 is shown. Reversed and remanded.

Category: Juvenile Procedure

Amendments to the Florida Rules of Appellate Procedure

894 So. 2d 202, 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690

Supreme Court of Florida | Filed: Feb 3, 2005 | Docket: 64836172

Published

motions for relief from judgment • filed under rule 8.270, Florida Rules of Juvenile Procedure. The omission

Category: Juvenile Procedure

S.K. v. Department of Children & Families

839 So. 2d 876, 2003 Fla. App. LEXIS 3140

District Court of Appeal of Florida | Filed: Mar 12, 2003 | Docket: 64821237

Published

his parental rights was an abuse of discretion. Rule 8.270 provides that “[o]n motion and upon such terms

Category: Juvenile Procedure

E.T. v. State

587 So. 2d 615, 1991 Fla. App. LEXIS 10015, 1991 WL 204623

District Court of Appeal of Florida | Filed: Oct 10, 1991 | Docket: 64662303

Published

JJ., concur. . The most recent amendments to Rule 8.270 did not become effective until July 1, 1991,

Category: Juvenile Procedure

In re Florida Rules of Juvenile Procedure

393 So. 2d 1077, 1980 Fla. LEXIS 4461

Supreme Court of Florida | Filed: Dec 24, 1980 | Docket: 64580377

Published

(e) Defaults. (f) Final Judgment. IX.CONTEMPT Rule 8.270. Direct Contempt. 8.280. Indirect Contempt. (a)

Category: Juvenile Procedure

Florida Bar

345 So. 2d 655, 1977 Fla. LEXIS 4095

Supreme Court of Florida | Filed: Mar 17, 1977 | Docket: 64558421

Published

in § 39.11(6), Fla.Stat. (1975). IX. CONTEMPT RULE 8.270. DIRECT CONTEMPT A contempt may be punished summarily

Category: Juvenile Procedure