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Filtered by category: rule 1 540 motionMarch 25, 2024
5th dca, rule 1 540 motionRios v. Progressive Express Ins. Co.
A recent ruling clarified that a party alleging fraud on the court, or extrinsic fraud, can only seek relief more than one year after the order by filing an independent action. This reinforces the procedural requirement for addressing claims of extrinsic fraud outside of direct appeals or motions. The decision was affirmed.
read moreMarch 4, 2024
general, default judgment, rule 1 540 motion, service of processWu v. Alem
In a recent case, the Third DCA ruled in favor of plaintiff Timothy Wu, reversing the trial court’s decision to vacate a default judgment against Matias Alem and his company, Right Move Real Estate. Alem challenged the service of process, claiming he was not personally served, but the court upheld the service’s validity since the return of service met statutory requirements, and Alem provided no corroborating evidence to refute it. The DCA found no excusable neglect or meritorious defense on Alem’s part, leading to a reinstatement of the default judgment for Wu.
read moreMay 24, 2023
4th dca, default judgment, rule 1 540 motionWolf v. Peter M. Habashy, P.A.
dr. habashy’s corporation sued mr. and mrs. wolf, a married couple, for paying for dental services with a worthless check. on the same day that a default was entered against them, their attorney filed a notice of appearance and a motion for extension of...
read moreApril 1, 2023
4th dca, rule 1 540 motionJD Restoration, Inc. v. Citizens Property Insurance Corporation
d restoration (as the assignee of a homeowner) sued citizens property for breach of a homeowner’s insurance contract. the trial court issued an order scheduling a summary disposition and instructing the parties that they could file affidavits.
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