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help with paperwork on filing a motion to vacate a judgement


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This might be a good start.

IN THE _________________[COUNTY COURT or CIRCUIT COURT OF THE

_________________ JUDICIAL CIRCUIT] IN AND FOR

_________________ COUNTY, FLORIDA

_________________________ [name], ) Plaintiff,) ) -vs- )NO. __________ ) _________________________ [name], ) Defendant.) )

NOTICE OF HEARING ON _________________[identify motion, e.g., DEFENDANT'S MOTION TO SET ASIDE DEFAULT JUDGMENT]

To each party and to the attorney of record for each party in this action:

NOTICE IS GIVEN that on _________________[date], at _________________[time], or as soon after that time as the matter can be heard, the motion of _________________[specify moving party, e.g., Defendant, _________________ (name)], for _________________[identify subject of motion, e.g., an order pursuant to Rules 1.500(d) and 1.540(B) of the Florida Rules of Civil Procedure , setting aside the default judgment entered against _________________ (specify defaulting party) in the above-entitled action on _________________ (date), and _________________ (add, if applicable: the default entered on _________________[date])].

The motion is made on the grounds:

1. _________________[specify, e.g., Defendant permitted the case to go into default on _________________ (date), through excusable neglect, in that _________________ (specify, e.g., Defendant promptly forwarded the complaint and process to Defendant's liability insurer, who misplaced them during a relocation of corporate offices and only found them eight days ago, on _________________[date]).]

2. Defendant has meritorious defenses to the complaint _________________[specify, e.g., which are set forth in the answer attached as Exhibit ''A'' and made a part of this motion for all purposes or in that the entry of judgment was erroneous because the judgment grants more relief than was requested in the complaint].

3. _________________[specify moving party] is ready to proceed with trial in this action at the earliest opportunity.

This motion is based on _________________[specify, e.g., the papers and records filed in the above-entitled action or the affidavit of _________________ (name) or the memorandum of points and authorities served and filed with this motion or any combination of these] and on such oral and documentary evidence as may be presented at the hearing on the motion.

Dated: _________________

Respectfully submitted,

_________________ [firm name]

By: _________________ [signature]

_________________ [typed name]

_________________ [address]

_________________ [area code, phone no.]

_________________ [Florida Bar no.]

Attorney for _________________ [party designation]

[support motion with verification, as follows,

or see Section 90.200[2] for affidavit:]

VERIFICATION

STATE OF FLORIDA

COUNTY OF _________________

I, _________________[name], being duly sworn, say:

I am the defendant in the above-entitled action. I have read the foregoing motion and know the contents of the motion. The contents are true of my own knowledge.

_________________ [signature]

SUBSCRIBED AND SWORN TO BEFORE ME on _________________[date], to certify which witness my hand and official seal.

[seal] ________ [signature] _______ [typed name] Notary Public in and for ____ County, Florida

SBD

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FLORIDA RULES OF CIVIL PROCEDURE

RULE 1.540. RELIEF FROM JUDGMENT, DECREES, OR ORDERS

(a) Clerical Mistakes. Clerical mistakes in judgments, decrees, 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 upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, decree, 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) that the judgment or decree is void; or (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application. The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken. A motion under this subdivision does not affect the finality of a judgment or decree or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court.

Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review are abolished, and the procedure for obtaining any relief from a judgment or decree shall be by motion as prescribed in these rules or by an independent action.

Committee Notes

1992 Amendment. Subdivision (B) is amended to remove the 1-year limitation for a motion under this rule based on fraudulent financial

affidavits in marital cases.

2003 Amendment. Subdivision (B) is amended to clarify that motions must be filed.

SBD

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