Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Under the Florida Rules of Family Law Procedure, a party can seek to vacate an order entered against that party within certain timeframes and under certain conditions. Usually, a hearing is required when this type of motion is filed. This was an issue in the case Rojas v. Best Taxi Service Corporation, et. al., 3D24-0989 (Fla. 3d DCA September 3, 2025).
Although not a family law case, this case brings up an issue which is also applicable to family law cases. The appellant in this case appealed the trial court’s denial of his motion to vacate an order dismissing the case. The case was dismissed for lack of service. A motion to vacate the order of dismissal was filed under Fla. Civ. R. P. 1.540 based on excusable neglect (the equivalent family law rule is Fla. Fam. L. R. P. 12.540) and the trial court denied the motion without a hearing.
The appellate court reversed, holding “‘Where a motion under rule 1.540(b) sets forth ‘a colorable entitlement to relief,’ the trial court should conduct an evidentiary hearing to determine whether such relief should be granted.’ Barton Protective Servs. v. Redmon, 387 So. 3d 353, 355 (Fla. 3d DCA 2023) (quoting Cottrell v. Taylor, Bean & Whitaker Mortg. Corp., 198 So. 3d 688, 691 (Fla. 2d DCA 2016)). ‘A motion for relief from judgment should not be summarily denied without an evidentiary hearing . . . .’ Id. (quoting Schleger v. Stebelsky, 957 So. 2d 71, 73 (Fla. 4th DCA 2007)).”
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