Woldarsky v. Woldarsky

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that trial courts are vested with discretion under rule 1.540(b) to grant relief to a party desiring to seek review of a final judgment, decree, or order that was rendered without notice to the party
• upholding trial court’s setting aside of final judgment pursuant to rule 1.540(b) and reentering it to allow appellant not timely served with copy of order time to appeal
• explaining that where there has been no mistake, inadvertence or excusable neglect, the trial court had no authority to extend the time for appealing a final judgment by re-dating it after time for appeal had run; that action would not toll the time for noticing an appeal
• affirming the trial court’s decision to set aside a final judgment under rule 1.540(b) and reenter the judgment to allow a party to appeal when the trial court failed to serve the parties with the original judgment
• authorizing use of rule 1.540(b) “to grant relief to a party desiring to seek review of a final judgment, decree or order, the rendition of which the party was without notice or knowledge,” where party alleged judgment was rendered without any notice or service
• trial court has authority to re-date earlier final judgment on which time to appeal had expired, pursuant to Rule 1.540(b)

Source: CourtListener parenthetical corpus (CC0).