About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

35 Com. L. World 18 (2021)
A Final Judgment Is Not Always Final: The Relief from Final Judgment Rule

handle is hein.journals/colaworl35 and id is 128 raw text is: You beat your adversary and received a final judgment after a trial. The adversary files a motion for rehearing which they lose. They then appeal the entry of the judgment and your judgment is per curiam affirmed. As the winner, you think you're done. Well think again, Federal Rule 60 (in Florida, where we are located, its Florida Rule of Civil Procedure 1.540) allows a court to revisit the entry of a judgment for certain reasons. This article focuses on the reasons for filing for relief from a judgment or order; the required timing of the filing of a Motion for Relief from Judgment and the burden of proof to prevail on such a Motion. Federal Rule 60 (and most applicable state rules) divides the reasons for relief from a judgment into two main sections. Section (a) deals with the Court correcting judgments or orders sua sponte or upon motion. Section (b) deals with reasons a party or the Court may move to vacate a judgment in its entirety. Section (a) of Rule 60 allows the court on its own initiative or upon motion to correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The Court may fix such an error on its own or by Motion of a party but only upon leave of the Appeals Court once an appeal is filed. Fed. R. Civ. Proc. 60(a). This subsection allows errors that are evident to be corrected by the Court. The entire judgment may not need to be vacated but could, under this rule, just need to be corrected in some way. Section (b) of Rule 60 deals with relief (or vacating the judgment) for whatever reason. Section (c) of Rule 60 gives strict time limitations on the challenges under Section (b). Section (b) of Rule 60 states as follows: (b) GROUNDS FOR RELIEF FROM A FINAL JUDGMENT, ORDER, OR PROCEEDING. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; I - 18 COMMERCIAL LAW WORLD OCTOBER/NOVEMBER/DECEMBER 2021 18 COMMERCIAL LAW WORLD OCTOBER/NOVEMBER/DECEMBER 2021

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most