Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a Florida family court judge amend its final judgment at any time? This issue arose in the case Bigelow v. Ritsema, 5D18-762 (Fla. 5th DCA January 24, 2020) in which the court entered an amended final judgment ten months after the original final judgment was entered.
After entry of the original final judgment in a paternity case, the mother filed a motion to set aside the final judgment. After a hearing, the trial court denied the motion to set aside. Despite this, the court decided to amend the final judgment on its own, making substantive changes to its rulings and making findings of fact relevant to statutory factors. The mother appealed this order, arguing it was improper for the court to amend the final judgment in this manner.
Under Florida Family Law Rule of Procedure 12.530, “Not later than 15 days after entry of judgment or within the time of ruling on a timely motion for a rehearing or a new trial made by a party, the court of its own initiative may order a rehearing or a new trial for any reason for which it might have granted a rehearing or a new trial on motion of a party.” Here, where the court entered its order ten months after the entry of the final judgment, there was no basis upon which the court could alter the final judgment the way it did. The appellate court held “This language represents a well-established rule that ‘trial courts have no authority to alter, modify, or vacate a final judgment except as provided in Florida Rules of Civil Procedure 1.530 and 1.540’ and Florida Family Law Rules of Procedure 12.530 and 12.540. [. . .] Thus, a trial court lacks jurisdiction to amend a final judgment after the time for rehearing has expired or after it has ruled on a timely motion for rehearing.”
It may be worth it to have a Florida family law attorney review your case to understand your rights and remedies. Schedule a consultation with a Miami family law attorney today to go over your specific matter.