District Court of Appeal of the State of Florida, Fifth District · 2018 · Family Law
Family Lawfamily lawdissolution of marriagesettlement agreementfinal judgmentmotion to set asideFlorida Rule of Civil Procedure 1.540(b)(2)objections to proposed judgment
Facts
The former wife submitted a proposed final judgment incorporating the parties' settlement agreement. The former husband objected to parts of the proposed final judgment, but the trial court entered the former wife's proposed final judgment without ruling on those objections. The former husband then moved to set aside the final judgment. The trial court granted that motion and also ordered the parties to attend mediation and re-notice the case for trial.
Issue
Whether the trial court properly set aside the final judgment under Florida Rule of Civil Procedure 1.540(b)(2), and whether it could also order mediation and a return to trial in a way that effectively set aside the parties' settlement agreement.
Rule
A trial court may set aside a final judgment under Florida Rule of Civil Procedure 1.540(b)(2) where the record shows the court was unaware that objections to the proposed final judgment had been filed. But the court may not, absent justification, effectively set aside a valid settlement agreement or award relief beyond what the moving party requested.
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10 practice questions + 4 AI-graded essays on this case
One of 10 multiple-choice questions for this case. Pick an answer to see why.
In a divorce case in Orlando, Dana Mercer submitted a proposed final judgment that incorporated a signed marital settlement agreement. Leo Mercer had already filed written objections to several provisions in the proposed judgment, but the judge signed Dana's proposed judgment without addressing those objections; the record suggests the judge did not realize the objections had been filed.
Leo moves to set aside the final judgment only, arguing the judgment was entered while the court was unaware of his objections. What is the best ruling?
Explanation. The majority approved setting aside a final judgment under Florida Rule of Civil Procedure 1.540(b)(2) where the record indicated the trial court was unaware that objections to the proposed final judgment had been filed. The opinion expressly did not require a ruling on the merits of the objections or on the validity of the settlement agreement before granting that limited relief.