Posted by Nydia Streets of Streets Law in Florida Divorce

Can a Florida family court set aside a final judgment any time? There are deadlines and procedures to be followed in vacating a Florida family law order. Failure to follow those deadlines and procedures may mean an order vacating an order is invalid. This was an issue in the case Padron v. Padron, 3D22-2146 (Fla. 3d DCA February 8, 2023).

In their divorce case, the parties signed a marital settlement agreement. Two days later the court entered a final judgment of divorce ratifying and incorporating the agreement. A week later, the guardian ad litem in the case filed a motion for status conference. The motion did not contain any allegations and only requested a status conference. At a hearing held almost one month after the final judgment was signed the court entered an order vacating the final judgment as to children’s issues on its own motion and setting a trial date. The former husband appealed and requested a stay of the trial court proceedings which was denied. He then filed a writ of prohibition.

The appellate court noted “It is apodictic that a ‘writ of prohibition is the appropriate remedy to prevent a trial court from proceeding in a cause over which it no longer has jurisdiction.’” (internal citations omitted). The court continued “And as we held in Ross v. Damas, 31 So. 3d 201, 203 (Fla. 3d DCA 2010), ‘after entry of a final judgment and expiration of time to file a motion for rehearing or for a new trial, the trial court loses jurisdiction of the case . . . unless jurisdiction was reserved to address that matter or the issue is allowed to be considered post-judgment by statute or under a provision of the Florida Rules of Civil Procedure.’”

The court held “While properly acknowledging the trial court had subject-matter jurisdiction over the post-judgment dissolution proceeding, Former Husband contends that once the time had passed for rehearing or new trial under Florida Family Law Rule of Procedure 12.530,1 the trial court no longer had continuing jurisdiction to enter an order sua sponte vacating the final judgment (or a portion thereof) in the absence of a reservation of jurisdiction in the final judgment, a supplemental petition for modification, or a pleading that satisfied the narrow requirements of Florida Family Law Rules of Procedure 12.540. We agree.”

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