Thu 5th Jan | 2023
The Week In Torts – Cases from December 16, 2022
FLORIDA LAW WEEKLY
VOLUME 47, NUMBER 50
CASE FROM THE WEEK DECEMBER 16, 2022
SUCCESSIVE RULE 1.540(b)(4) MOTIONS ARE NOT ALLOWED BY THE TRIAL COURT, IF THE SUCCESSIVE MOTION ATTEMPTS TO RELITIGATE AN ISSUE ALREADY ADJUDICATED BY A PRIOR POST-JUDGMENT ORDER
Wilmington Trust C. v. Normandy Shores Apartment Condominium, Assoc., Inc., 47 Fla. L. Weekly D2591 (Fla. 3rd DCA Dec. 1, 2022):
A successive rule 1.540(B)(4) motion is not allowed, if that successive motion attempts to relitigate an issue already adjudicated by a prior post-judgment order.
The remedy for such a situation is to take an appeal; not to file a successive motion seeking to vacate on the same general grounds.
𝐍𝐎𝐓𝐄: 𝐈𝐭 𝐰𝐚𝐬 𝐚 𝐬𝐥𝐨𝐰 𝐰𝐞𝐞𝐤 𝐟𝐨𝐫 𝐭𝐨𝐫𝐭 𝐜𝐚𝐬𝐞𝐬 𝐚𝐬 𝐲𝐨𝐮 𝐜𝐚𝐧 𝐬𝐞𝐞, 𝐦𝐲 𝐟𝐫𝐢𝐞𝐧𝐝𝐬!