District Court of Appeal of Florida

The trial court's denial of motion to vacate is affirmed where appellants' argument that final judgment, under Florida Rule of Civil Procedure 1.540(b): 1) should be vacated as "void"; or 2) should be vacated upon a showing of mistake is not valid. As to the first, the judgment is not void where a court has jurisdiction and the parties are given an opportunity to be heard. As to the second, Rule 1.540(b) should not be used to present new legal arguments.

Appellate Information

• Decided 09/29/2006
• Published 09/29/2006

Judges

Court

• District Court of Appeal of Florida

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