If you want to set aside a judgment you may have your work cut out for you in West Palm Beach and you also do not have much time. One exception to strict time limits in West Palm Beach court iswhen a judgment is void. Are you concerned that you may have a void judgment but don’t know how to tell? A recent case out of the Third District Court of Appeal may show a new way to void a judgment due to clerical error. Did you miss the court’s hearing because of a room change? Under this new case the judgment is probably void and can be set aside, learn how.
What is a Void Judgment?
- According to the courts a void judgment is one that is “so defective that it is deemed to have had no legal force or effect.”
- That definition does not tell you much though, how can you tell if your judgment is the one that has no legal effect?
- One of the big reasons a judgment (especially a default judgment) may be void is there was a lack of notice.
- Remember that under Florida civil procedure a party can challenge a void judgment at any time.
Setting Aside a Judgment
- You are going to want to get rid of the judgment that is void because it still stands in the records as against you.
- You may want to file a motion to vacate or set aside the judgment.
- Check out Florida Rule of Civil Procedure 1.540(b) to read more about how you can set aside the judgment.
What Constitutes “Fair Notice?”: Vercosa v. Fields et. Al.
- In a recent case out of the Fourth District Court of Appeal the Court dealt with the issue of what is fair notice?
- A party had been served by the Court to come to a hearing and they arrived fifteen minutes early.
- The defendants were unaware that the hearing had been moved and no one told themfor a half hour!
- By the time they got to the proper hearing room the hearing had concluded!
- On appeal the Court held that this was not fair notice basing it off similar opinions where notice by mail had never been received.
- This case creates a new avenue for experienced Palm Beach probate litigators to set aside a judgment in West Palm Beach court.
Want to learn more about what constitutes fair notice?
Check out the entire case by clicking here.