Fla. R. Civ. P. 1.540

Relief from Judgment, Decrees, or Orders

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RULE 1.540. 	RELIEF FROM JUDGMENT, DECREES, OR
ORDERS
(a) 	Clerical Mistakes. Clerical mistakes in judgments,
decrees, 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 upon such
terms as are just, the court may relieve a party or a party’s legal
representative from a final judgment, decree, 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) 	that the judgment, decree, or order is void; or
(5) 	that the judgment, decree, or order has been
satisfied, released, or discharged, or a prior judgment, decree, or
order upon which it is based has been reversed or otherwise
vacated, or it is no longer equitable that the judgment, decree, or
order should have prospective application.
The motion shall be filed within a reasonable time, and for
reasons (1), (2), and (3) not more than 1 year after the judgment,
decree, order, or proceeding was entered or taken. A motion under
this subdivision does not affect the finality of a judgment, decree, or
order or suspend its operation. This rule does not limit the power of
a court to entertain an independent action to relieve a party from a
judgment, decree, order, or proceeding or to set aside a judgment,
decree, or order for fraud upon the court.
Writs of coram nobis, coram vobis, audita querela, and bills of
review and bills in the nature of a bill of review are abolished, and
the procedure for obtaining any relief from a judgment or decree
shall be by motion as prescribed in these rules or by an
independent action.

Committee Notes
1992 Amendment. Subdivision (b) is amended to remove the
1 year limitation for a motion under this rule based on fraudulent
financial affidavits in marital cases.
2003 Amendment. Subdivision (b) is amended to clarify that
motions must be filed.

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