...for summary judgment on the former wife's "Corrected Supplemental Amended Rule 12.540 Petition for Relief From Judgment for Fraud on Financial Affidavit" and granting the former husband's motion for...attorney's fees and costs; (2) an order denying the former wife's motion for rehearing; and (3) a "Final Summary Judgment Denying Former Wife's Corrected Supplemental Amended Rule 12.540 Petition for...Relief from Judgment for Fraud on Financial Affidavit and Motion for Attorney's Fees and Costs." Because the former wife's rule 12.540 petition sets forth a proper claim for relief from judgment based...

...involving unprecedented facts asks if Florida Family Law Rule of Procedure 12.540 always means what it says: that there is "no time limit" on motions seeking relief from fraud committed in...great public importance: DOES THE "NO TIME LIMIT" PROVISION OF FLORIDA FAMILY LAW RULE OF PROCEDURE 12.540(b) ALLOW A DELAY OF UP TO TEN...? * * * Rule 12.540: Text and Precedent. Rule 12.540 is entitled "Relief From...

.... 1994). Rule 12.540. Relief From Judgment, Decrees, or Orders Florida Rule of Civil Procedure 1.540 shall govern general provisions...entertained by the court, Fla. Fam. L. R. P. 12.540, the wife's allegation was merely conclusory and lacked specificity sufficient to state a basis...

...Law Rule of Procedure 12.540(b)(3)-(5). Former Wife later clarified her position in a supplemental memorandum of law, arguing that the analysis in Casto, not rule...12.540, governs the outcome of her arguments and, if she prevails under Casto such that the MSA must be set aside, then the Judgment would be inequitable and fall away under rule 12.540(b...)(5). In response, Former Husband argued, among other things, that rule 12.540(b), rather than Casto, applied to this case and that Former Wife could not show she was...

...dissolution proceeding, the pro se former husband appeals from the circuit court's February 23, 2022 order denying his Florida Family Law Rule of Procedure 12.540 motion to vacate the...husband challenges the circuit court's February 23, 2022 order denying the former husband's second-i.e., successive-rule 12.540 motion to vacate, we must affirm. As explained in Parkhomchuck...retirement accounts' valuation date. We dismiss, for lack of jurisdiction, that portion of the appeal challenging the December 30, 2021 order denying the husband's first rule...

...error but may provide for relief from judgment under Florida Family Law Rule of Procedure 12.540(b). Rather than relinquish jurisdiction for the trial court to consider those grounds, we affirm without...prejudice to Jenkins filing a motion for relief from judgment under rule 12.540(b) within thirty days of mandate. See Armbruster v. Amber Int'l Corp...

...("Corrective Order"). The Corrective Order, rendered in 2024, relied upon Florida Family Law Rule of Procedure 12.540(a), and purported to correct 1...clerical mistake but instead made a substantive change to the 2021 QDRO; thus, making Rule 12.540(b), with its one-year time limit to seek relief, applicable. We agree, quash the Corrective Order, and remand...."4 On April 11, 2024, Former Wife, through counsel, filed her initial motion to correct the 2021 QDRO. In her motion, she relied upon Rule 12.540(a) in seeking to correct a...

...Law Rule of Procedure 12.540. We affirm. Dyke and his former wife, Ann Doreen Dyke, began dissolution proceedings in 1995 when the former wife filed a petition for dissolution of...affidavit in a dissolution proceeding did not deprive the court of jurisdiction to consider the dissolution petition, thereby rendering the judgment void. We agree. Rule 12.540 provides..., order, or proceeding or to set aside a judgment or decree for fraud upon the court. (emphasis added). However, unlike rule 1.540, rule 12.540 provides that...

...because Taylor did not comply with Florida Rule of Civil Procedure 1.540(b), nor Florida Family Law Rule of Procedure 12.540(b). On September 20, 2013...Rules of Civil Procedure and rule 12.540(b), Florida Family Rules of Procedure and, thus, should be vacated. On August 23...Order. The trial court also based its decision to vacate on Florida Family Law Rule of Procedure 12.540(b). Williams moved for rehearing, which the trial court denied. Williams now...

...Law Rule of Procedure 12.540(b)(3), and that because the court was able grant her relief from the Consent Judgment, she has not released her claims. Attorney Parker filed his response to Mickler's...counsel of record for Iizuka and withdrew the only rule 12.540(b) motion that was pending before the family court seeking to relieve Iizuka from the 2019 Consent Judgment. Thus, there was no pending...parties' divorce, (a) it has the authority to set aside the release provision of the parties' consent judgment of dissolution under Rule 12.540(b), Florida Family Law Rules of...

...in this court, Jenkins alleged grounds that do not establish reversible error but may provide for relief from judgment under Florida Family Law Rule of Procedure 12.540(b). Rather than relinquish...rule 12.540(b) within thirty days of mandate. See Armbruster v. Amber Int'l Corp., 416 So. 2d 1220, 1221 (Fla. 3d DCA 1982...

...Motion For Summary Judgment and Final Judgment for Former Husband on Former Wife's Rule 12.540 Motion. We reverse because there are factual issues that bar summary judgment...marital settlement agreement executed by the parties. The Former Wife subsequently moved pursuant to Rule 12.540, Florida Family Law Rules of Procedure, to vacate the final judgment of dissolution of...marriage, as well as the marital settlement agreement upon which it is based because of fraud, misrepresentation, or other misconduct of the adverse party. Rule 12.540 essentially provides that Rule...

...his Florida Family Law Rule of Procedure 12.540 motion for relief from the child support award he was ordered to pay his ex-wife, as part of a dissolution of marriage decree entered by the court...Procedure 12.285; (3) the trial court erred by denying appellant's motion for relief pursuant to Florida Family Law Rule of Procedure 12.540. We affirm without comment as to the second and third issues...subsequently affirmed. Mr. Worrell tiled a motion pursuant to Florida Family Law Rule of Procedure 12.540, alleging 1) that the child support award was predicated on his ex-wife's...

...inequitable. We affirm the trial court's order and write only to address Ms. Bonsignori's new circumstances argument under rule 12.540(b)(5). Ms. Bonsignori and Dianne Boulay married..., thus, the final judgment should be set aside under rule 12.540(b)(5) because it is "no longer equitable that the judgment should have prospective application." We do not find merit in these arguments...dissolution should be set aside under rule 12.540(b)(3) due to Ms. Boulay's alleged fraudulent financial affidavit to be meritless. Rule 12.540(b)(5) allows a trial court...

...Judge. Michael Anderson appeals a final judgment denying him relief after he filed a motion pursuant to Florida Family Law Rule of Procedure 12.540(b). The circuit court found that he...him as the biological father. At the end of May, 1997, Michael filed a motion, pursuant to Rule 12.540, for relief from the dissolution judgment and his duty to pay child support. An evidentiary hearing...fraud, mistake, inadvertence, or newly discovered evidence. The general master concluded that while the DNA test results were sufficient to form the basis for the Rule 12.540 motion, the testing results...

..., Appellant argued his absence constituted rule 12.540(b)(1) "excusable neglect" because he mistakenly believed the second petition was part of the first petition, given that the first...petition. Rule 12.540(b) provides: "On motion and on such terms as are just, the court may relieve a party or a...12.540(b) is the family law version or equivalent of Florida Rule of Civil Procedure 1.540(b), thus case law interpreting either rule is applicable and relevant to the issues...

...Rule of Procedure 12.540(b) alleging mistake. He alleged mistake as to certain provisions in the MSA and QDRO regarding survivorship benefits upon his death. On November 8, 2005, the former...Florida Family Law Rule of Procedure 12.540(b). "The relevant portions of rule 12.540(b)(4) are identical to rule 1.540(b)(4), and motions filed under...rule 12.540(b) are governed by the body of law applicable to rule 1.540(b)." Sanchez, 285 So.3d at 971. The relevant motion hereinafter will be referred to as the...

...neglect; . . . (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party . . . ." In 2016, Family Law Rule of Procedure 12.540 provided...simply that rule 1.540 governed all motions seeking relief from family law judgments. Effective March 16, 2017, the Florida Supreme Court amended rule 12.540 to parallel rule 1.540. In re: Amendments...Rule of Civil Procedure 1.530 or to appeal the final judgment. Neither rule 1.540, nor its family law equivalent (rule 12.540), is an...

.... While Former Wife suggests that the trial court had the authority to enter the sua sponte vacatur order based on "newly-discovered evidence," see rule .... Rule 12.540(b)(2), which is modeled after Florida Rule of Civil Procedure 1.540(b)(2), provides: ...rule 12.530 or rule 12.540. CONCLUSION Because the trial court was without continuing jurisdiction at the time...

...of I.T.'s allegations and determined that her motion was filed pursuant to Florida Family Law Rule of Procedure 12.540(b)(3), as a motion raising claims of fraud or other misconduct...rule 12.540(b)(4), as a motion alleging that the judgment is void. The court did not take into consideration the following...language, also from rule 12.540(b) : "This rule does not limit the power of a court to entertain an independent action or supplemental proceeding ... to set aside a judgment for...