Have you recently gone to trial in your case and received a final judgment? Do you not agree with the judgment? Do you want the judgment overturned? You have several options:
1) Appeal – Under the rules of appellate procedure, you have 30 days from the date the judgment was rendered (ie – the date it is filed with the clerk) with which to appeal. Appeals can be costly and complex, and are by no means an assured method to overturn a judgment. Errors in the judgment must usually be clear and substantial; and you are required in most cases to have a transcript of the trial proceedings (ALWAYS have a court reporter at final hearings if at all possible).
2) Motion for Rehearing – These motions must be filed within 15 days of rendition, and are heard in front of the same lower court judge that issued the judgment (as opposed to the District Court of Appeal). While it can be a daunting task to convince the same judge that they have made a mistake in the judgment, it can certainly be done with proper representation. These motions are usually more time-efficient and less costly than appeals. In some cases, the appellate court may require you to file a motion for rehearing before appealing, so you should always confer with an appellate practitioner before appealing. Motions for rehearing directed to final orders “toll the time” for filing an appeal until disposition of the motion.
3) 1.540 Motion – If you feel your judgment was the result of fraud (such as failure to list an asset on a financial affidavit), mistake, or is void/voidable, you should consider rule 1.540 of the civil rules of procedure. These motions usually must be filed within one year of entry of the judgment, but other grounds could enable you to file well beyond a year.
There are other grounds for setting aside a Final Judgment that are not discussed above. If you feel your trial judge discounted the evidence presented, or disregarded the law, consult with Matthew Irwin or Sam Assini at Men’s Rights Law Firm today to discuss your options for relief.