Fla. Sm. Cl. R. 7.190

RELIEF FROM JUDGMENT OR ORDER; CLERICAL MISTAKES

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RULE 7.190. 	RELIEF FROM JUDGMENT OR ORDER;
CLERICAL MISTAKES
(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.

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