Thornton v. Jabeen
Thornton v. Jabeen
Opinion of the Court
Bill Thornton appeals from a non-final order which granted Farhat Jabeen’s motion for rehearing following a denial of a motion to vacate a final summary judgment pursuant to Florida Rule of Civil Procedure 1.540(b). The effect of the order under review was to vacate the final summary judgment and revive the action. We reverse.
As stated in Francisco v. Victoria Marine Shipping, Inc., 486 So.2d 1386 (Fla. 3d DCA), rev. denied 494 So.2d 1153 (Fla. 1986): “We conclude that an order denying relief from final judgment, though final, is not a ‘judgment’ within the meaning of Florida Rule of Civil Procedure, 1.530 and that the trial court was, therefore, without authority to entertain Victoria Marine’s motion for rehearing.” Id. at 1391. Accord, Talley v. Canal Indem. Co., 558 So.2d 1088 (Fla. 4th
Reversed and remanded with instructions to reinstate the final summary judgment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.