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Landau v. Lupowitz

Citations: 723 So. 2d 851; 1998 Fla. App. LEXIS 14669; 1998 WL 821886Docket: No. 98-622

Court: District Court of Appeal of Florida; November 17, 1998; Florida; State Appellate Court

Narrative Opinion Summary

The order setting aside a final default judgment against defendant Sam Lupowitz is reversed. The sole reason provided by Lupowitz for this motion was the assertion that the plaintiff, Israel M. Landau, had cited an incorrect statute number in the complaint. Lupowitz failed to demonstrate either excusable neglect or a meritorious defense, as required by Florida Rule of Civil Procedure 1.540. The court emphasized that relief from judgment should not be granted solely to correct legal errors. Previous case law supports this position, citing Curbelo v. Ullman and other relevant cases. Since no valid grounds were presented for overturning the judgment, the appellate court determined that the trial court's order was erroneous and instructed to reinstate the final judgment.

Legal Issues Addressed

Appellate Review of Trial Court's Order

Application: The appellate court reversed the trial court's decision to set aside the default judgment as no valid grounds were presented for overturning the judgment.

Reasoning: Since no valid grounds were presented for overturning the judgment, the appellate court determined that the trial court's order was erroneous and instructed to reinstate the final judgment.

Correction of Legal Errors in Judgment

Application: The court held that relief from judgment should not be granted solely to correct legal errors, rejecting the defendant's claim based on a misquoted statute number.

Reasoning: The court emphasized that relief from judgment should not be granted solely to correct legal errors.

Relief from Judgment under Florida Rule of Civil Procedure 1.540

Application: The defendant's motion to set aside a default judgment was denied because he failed to demonstrate either excusable neglect or a meritorious defense, as required by the rule.

Reasoning: Lupowitz failed to demonstrate either excusable neglect or a meritorious defense, as required by Florida Rule of Civil Procedure 1.540.