Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Setting aside or vacating an order in a Florida family law case is usually governed by Florida Rule of Family Law Procedure 12.540. This rule provides specific grounds and timelines for setting aside an order. A motion to vacate an order was an issue in the case Lopez v. Lopez, 3D23-1953 (Fla. 3d DCA June 5, 2024).
This case does not provide any factual background, but the appellate opinion states: “On the record before us, we are constrained to reverse the trial court’s order denying the Motion to Vacate and/or Set Aside Final Judgment. See United Funding, LLC v. Brandao, 77 So. 3d 710, 712 (Fla. 3d DCA 2011) (‘Because the evidence before this Court supports United’s argument that it did not receive copies of any of the three orders at issue, and no contrary evidence was produced, we find that the trial court abused its discretion in refusing to vacate and re-enter the three final judgments for fees and costs.’).”
It appears the appellant argued that it did not receive a copy of the order at issue, and therefore was asking the court to vacate the order on this ground. Schedule your meeting with a Miami family law attorney to determine the next best steps in your case.