Florida Small Claims Rule 7.190
RULE 7.190. RELIEF FROM JUDGMENT OR ORDER; CLERICAL
MISTAKES
(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 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) the judgment is void; or
(5) 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 shall be made within a reasonable time, and for the reasons
underlying subdivisions (b)(1), (b)(2), and (b)(3) not more than 1 year after the
judgment, order, or proceeding was entered or taken. A motion under this
subdivision does not affect the finality of a judgment or suspend its operation.
MISTAKES
(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 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) the judgment is void; or
(5) 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 shall be made within a reasonable time, and for the reasons
underlying subdivisions (b)(1), (b)(2), and (b)(3) not more than 1 year after the
judgment, order, or proceeding was entered or taken. A motion under this
subdivision does not affect the finality of a judgment or suspend its operation.