Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
In Florida family law cases, parties can request to set aside a judgment for specified reasons under Florida Family Law Rule of Procedure 12.540. If such a motion is filed, an evidentiary hearing is usually required. This was an issue in the case Ravelo v. Payret. 3D23-1840 (Fla. 3d DCA March 12, 2025).
This appears to be a non-family law case, but the holdings in the case also apply to appeals under Fla. Fam. L. R. P. 12.540. The appellant filed a motion to vacate a judgment under the general civil procedure rule 1.540 and it was initially denied without a hearing. The case was remanded for an evidentiary hearing, and the trial court still denied the appellant’s motion to vacate. An appeal ensued.
The appellate court cited Finkel Outdoor Prods., Inc. v. Lasky, 529 So. 2d 317, 318 (Fla. 2d DCA 1988) (“A mere abuse of discretion is sufficient to warrant reversal of a trial judge’s refusal to vacate an interlocutory order of default as opposed to a gross abuse of discretion needed to reverse a refusal to vacate a default judgment.”). The court concluded “Upon our review, and applying this highly deferential standard, we cannot say the trial court grossly abused its discretion in denying the motion to vacate the default final judgment. We affirm the order on appeal.”
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