Civil procedure — Dismissal — Vacation — Successor judge erred in granting estate’s rule 1.540(a) motion to set aside the dismissal of estate’s tobacco-related litigation — Earlier order denying estate’s first motion to set aside dismissal and finding that estate was not entitled to relief from that dismissal based on service errors became law of the case when order was per curiam affirmed by appellate court — Even if successor judge could revisit issue, successor judge erred in interpreting dismissal order, which was entered after estate failed to pay transfer fee within 30 days of order transferring venue, as dismissing only the transfer of the case to another county and not as an order dismissing the entire action — Finally, rule 1.540(a) permits trial court to correct clerical mistakes arising from oversight or omission and is not basis for reversing the outcome of the original dismissal order
45 Fla. L. Weekly D20a
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the e-mail links contained within the site do not create an attorney-client relationship between Abbey, Adams, Byelick & Mueller, L.L.P. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
opens in a new windowAbbey, Adams, Byelick, & Mueller XML Sitemap Index