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Bennett v. BJ's Wholesale Club, Inc.
Citations: 128 So. 3d 53; 2012 WL 6177108; 2012 Fla. App. LEXIS 21302Docket: No. 3D11-2863
Court: District Court of Appeal of Florida; December 11, 2012; Florida; State Appellate Court
The November 9, 2011 order partially granted and partially denied the Bennetts’ motion to vacate a November 2, 2010 final judgment that enforced a mediated settlement in their personal injury case against the appellee. However, the trial court lacked jurisdiction to consider the subsequent motion for rehearing due to a prior denial of an application for reconsideration on March 30, 2011. Citing case law, the court vacated the November 9 order, confirming the validity of the original judgment, which had not been appealed. The Bennetts' request for relief under Florida Rule of Civil Procedure 1.540(b) was denied because the judgment was not considered "void." Relevant case citations supporting these conclusions include Shelby Mut. Ins. Co. v. Pearson, Travelers Cas. Sur. Co. of Am. v. Culbreath Isles Prop. Owners Ass’n, and others.