Florida Small Claims Rule 7.190 - RELIEF FROM JUDGMENT OR ORDER; | Syfert Law

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Florida Small Claims Rule 7.190

RULE 7.190. RELIEF FROM JUDGMENT OR ORDER;
CLERICAL MISTAKES


(a) Clerical Mistakes. Clerical mistakes in judgments,
orders, or other parts of the record and errors therein arising from
oversight or omission may be corrected by the court at any time on
its own initiative or on the motion of any party and after such
notice, if any, as the court orders. During the pendency of an
appeal, such mistakes may be so corrected before the record on
appeal is docketed in the appellate court, and thereafter while the
appeal is pending may be so corrected with leave of the appellate
court.

(b) Mistakes; Inadvertence; Excusable Neglect; Newly
Discovered Evidence; Fraud; etc. On motion and on such terms
as are just, the court may relieve a party or a party’s legal
representative from a final judgment, order, or proceeding for the
following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence which by due diligence
could not have been discovered in time to move for a new trial or
rehearing;

(3) fraud (whether heretofore denominated intrinsic or
extrinsic), misrepresentation, or other misconduct of an adverse
party;

(4) the judgment is void; or

(5) the judgment has been satisfied, released, or
discharged or a prior judgment on which it is based has been
reversed or otherwise vacated or it is no longer equitable that the
judgment should have prospective application.

The motion shall be made within a reasonable time, and for the
reasons underlying subdivisions (b)(1), (b)(2), and (b)(3) not more
than 1 year after the judgment, order, or proceeding was entered or
taken. A motion under this subdivision does not affect the finality of
a judgment or suspend its operation.
Link to Florida Bar Official Rule 7.190

Cases Citing Rule 7.190

Total Results: 11

Amend. to Fla. Rules of Appellate Proc.

780 So. 2d 834, 2000 WL 1508541

Supreme Court of Florida | Filed: Oct 12, 2000 | Docket: 1298753

Cited 19 times | Published

review of judgments under Florida Small Claims Rule 7.190. Subdivision (a)(7), regarding review being by

Category: Small Claims

In Re Amendments to the Florida Rules of Appellate Procedure

2 So. 3d 89, 33 Fla. L. Weekly Supp. 908, 2008 Fla. LEXIS 2089, 2008 WL 4876766

Supreme Court of Florida | Filed: Nov 13, 2008 | Docket: 1644022

Cited 5 times | Published

Florida-Rule-of-Civil -Procedure 1.540, Small Claims-Rule -7.190, Rule of Juvenile ■Procedure -8.270, and Florida

Category: Small Claims

In Re Amend. to the Florida Sm. Cl. Rules

601 So. 2d 1201, 1992 WL 163954

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1305243

Cited 4 times | Published

Procedure 1.530, Florida Rules of Civil Procedure. RULE 7.190. RELIEF FROM JUDGMENT OR ORDER; CLERICAL MISTAKES

Category: Small Claims

Gluck, Zach's Plumbing, LLC v. Wedge, D & M Assets 5, LLC

District Court of Appeal of Florida | Filed: Jun 13, 2025 | Docket: 70530553

Published

final judgment pursuant to Florida Small Claims Rule 7.190. The trial court, however, has not ruled on that

Category: Small Claims

Bobby Crocker v. Jamie Waldron

District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378402

Published

Procedure 1.540(b)(4) or Florida Small Claims Rule 7.190(b)(4), if he can do so in good faith. See Keeter

Category: Small Claims

JD RESTORATION, INC. a/a/o ERICK DENIVAL v. CITIZENS PROPERTY INSURANCE CORPORATION

District Court of Appeal of Florida | Filed: Mar 29, 2023 | Docket: 67105305

Published

(Fla. 4th DCA 2021). Florida Small Claims Rule 7.190, “Relief from Judgment or Order; Clerical Mistakes

Category: Small Claims

LYNNE A. LARKIN v. JAY GRUTMAN

District Court of Appeal of Florida | Filed: Feb 10, 2021 | Docket: 59241591

Published

Civil Procedure 1.540(b), Florida Small Claims Rule 7.190(b) authorizes a court to relieve a party from

Category: Small Claims

In re: Amendments to the Florida Small Claims Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Dec 12, 2019 | Docket: 68539969

Published

[No Change] RULE 7.190. RELIEF FROM JUDGMENT OR ORDER; CLERICAL

Category: Small Claims

Amendments to the Florida Rules of Appellate Procedure

894 So. 2d 202, 30 Fla. L. Weekly Supp. 84, 2005 Fla. LEXIS 154, 2005 WL 242690

Supreme Court of Florida | Filed: Feb 3, 2005 | Docket: 64836172

Published

Florida Rule of Civil Procedure 1.540, Small Claims Rule 7.190, Rule of Juvenile Procedure 8.270, and Florida

Category: Small Claims

In re Rules of Summary Procedure

270 So. 2d 729, 1972 Fla. LEXIS 3180

Supreme Court of Florida | Filed: Dec 13, 1972 | Docket: 64529410

Published

substantially the same as FRCP 1.530(b) and (f). RULE 7.190. RELIEF FROM JUDGMENT OR ORDER; CLERICAL MISTAKES

Category: Small Claims

In re proposed Summary Claims Procedure Rules

203 So. 2d 616

Supreme Court of Florida | Filed: Oct 4, 1967 | Docket: 64502815

Published

substantially the same as FRCP 1.530 (b) and (f). RULE 7.190. RELIEF FROM JUDGMENT OR ORDER; CLERICAL MISTAKES

Category: Small Claims