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FL · rules

Fla. Sm. Cl. R. 7.190

Relief from Judgment or Order; Clerical Mistakes

activein force · 2026-07-01 – presentact-effective-date

(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.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
c71b6ea46879775d053ecfbc3b239c43f3f0854d1d6f3af1ef6e00c65c5ebb19
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Fla. Sm. Cl. R. 7.190 — Relief from Judgment or Order… · binding.law