Florida Lawsuits and Trying to Void a Judgment
Florida lawsuits and trying to void a judgment. If you’re involved in a Florida lawsuit, did you get a judgment against somebody? Did you properly serve your Florida lawsuit on them? And what if they move under rule 1.54 to have that judgment set aside, arguing that the judgment is void? Is that proper? Well, in Florida, we know that in our lawsuits we have to serve the defendant properly. We also have to have — we have to comply with due process rights. We need to give everybody notice and an opportunity to be heard. Notice of the complaint, notice of the trial, notice of hearings. What if a judgment is entered that makes you win and makes the other side lose? What are you going to do if they’ve tried to set aside the judgment arguing that it’s void? Well, if the due process rights weren’t violated, that’s an important thing to know. Under those circumstances, the judgment is not void, but it may be void under other circumstances and you only have one year to set aside a Florida judgment arguing that it’s void. Read the Estrada versus Estrada case, April 24th, 2019, handed down by Miami’s appeals court, the Third District Court of Appeal.