Knapp v. Talton
Knapp v. Talton
Opinion of the Court
AFFIRMED. See Fla. R. Civ. P. 1.540(b); Harrison v. La Placida Cmty. Ass’n, 665 So.2d 1138, 1141 (Fla. 4th DCA 1996) (holding that Rule 1.540 cannot be used to remedy legal error, such as “vacating] an order of dismissal upon a finding that [the] decision [to dismiss] was erroneous”); Averbuch v. Lauffer, 516 So.2d 973, 974 (Fla. 5th DCA 1987) (“[A] party may not utilize a motion for relief from judgment under Rule 1.540(b), Fla. R. Civ. P., to relitigate issues which have been previously litigated in a motion for rehearing pursuant to Rule 1.530, Fla. R. Civ. P. If the grounds are identical, a party’s failure to seek appellate review of the order denying the motion for rehearing precludes further judicial review.”) (quoting Sloan v. Sloan, 393 So.2d 642, 644 (Fla. 4th DCA 1981)).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.