PADRON LAW GROUP v. DIAZ VALDENEBRO (2020)

District Court of Appeal of Florida, Third District.

The PADRON LAW GROUP, P.L.L.C. and Esther Medina Hernandez, Appellant, v. Juan DIAZ VALDENEBRO, etc., Appellee.

No. 3D19-2219

Decided: July 15, 2020

Before FERNANDEZ, LINDSEY and LOBREE, JJ.

The Padron Law Group, P.L.L.C., Luis M. Padron and Brian D. Fell, for appellant. Marks & West, P.A., Evan R. Marks and Carolyn W. West, for appellee.

Affirmed. See Williams v. Taylor, 306 So.3d 164, 165 (Fla. 3d DCA May 27, 2020) (analogizing Fla. R. Civ. P. 1.540(b)(4) and Fla. Fam. L.R.P. 12.540(b)(4) and holding that neither affords relief from merely voidable judgments); Sanchez v. Sanchez, 285 So. 3d 969, 975 n.9 (Fla. 3d DCA 2019) (declining to find orders void under rules 1.540(b)(4) or 12.540(b)(4) merely because they were caused by trial court's “mischaracteriz[ation]” that it lacked jurisdiction, when it “plainly had [it] to make [the] determinations [requested]”); Magaziner v. Magaziner, 434 So. 2d 10, 11 (Fla. 3d DCA 1983) (affirming denial of appellant's motion for relief where trial court's judgment, though procedurally erroneous, “was merely error in the exercise of properly obtained jurisdiction”).

PER CURIAM.

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