In short: A Florida default can be set aside for excusable neglect if you act diligently and have a meritorious defense. A final judgment can be vacated under Rule 1.540(b) for mistake, newly discovered evidence, or fraud within one year, or at any time if it is void. Rule 1.540 is not a way to fix a judge’s legal error; that requires rehearing or appeal.
A judgment entered when you weren’t there, or weren’t notified, is not always final. But the rules are strict and the clock runs fast.
Setting Aside a Default
Before final judgment, a default can be set aside for good cause (Rule 1.500(d)). After a default judgment, courts generally require three things:
- Excusable neglect: a reason, such as a calendaring error or a misfiled pleading, not a decision to ignore the case.
- A meritorious defense: shown by a verified pleading or affidavit, not just a statement that you have one.
- Due diligence: you moved promptly once you learned of the default.
One argument below turns on a party who claimed excusable neglect but never put evidence before the court to prove it.
Rule 1.540(b) Grounds
A final judgment can be vacated for:
- (1) mistake, inadvertence, surprise, or excusable neglect;
- (2) newly discovered evidence;
- (3) fraud, misrepresentation, or misconduct of an adverse party;
- (4) the judgment is void;
- (5) the judgment has been satisfied, or it is no longer equitable that it have prospective application.
Motions on grounds (1) through (3) must be filed within a reasonable time and not more than one year after the judgment. A void judgment, such as one entered without proper service, can be attacked at any time.
Not a Second Appeal
Rule 1.540 doesn’t let a court correct its own legal error. If the judge simply got the law wrong, the remedy is a timely motion for rehearing and an appeal within 30 days. Several arguments below test that line, including a judge who said "I made a mistake."
Lack of Notice
A recurring scenario: a lawyer withdraws, the client never gets notice, and judgment is entered at a hearing nobody attended. Lack of notice of a hearing or trial can support relief, but the facts must be proven with evidence.
Act Now
Get the docket, the service records, and every notice. Then file a sworn motion with your defense attached. Delay is the most common reason these motions fail.
Watch: the videos behind this article
Judge Says "I Made a Mistake" — Can Rule 1.540 Undo It? | Balmoral Condo v. Grimaldi, 3D12-1037
Nobody at the Hearing, a Blanket Judgment, and Five Weeks to Move to Vacate
Excusable Neglect Claimed, But the Lawyer Never Came to Court to Say So
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate arguments over setting aside defaults and vacating judgments under Rule 1.540, posted on the channel. An argument is not a ruling: read the written opinion before relying on any outcome.
Vacating a Default Judgment: Lack of Notice After Counsel Withdrew & Excusable Neglect
"Clearly Fraudulent" — A Default Judgment Vacated, and a Judge Who Says So From the Bench
A Final Judgment With No Reserved Jurisdiction — Vacating It Under Rule 1.540(b)
Foreclosure Summary Judgment After a Missed Hearing: Can Rule 1.540 Relief Undo It?
Frequently Asked Questions
How do I set aside a default judgment in Florida?
Show excusable neglect, a meritorious defense, and due diligence in moving to vacate, supported by sworn evidence.
How long do I have to file a Rule 1.540 motion?
Within a reasonable time, and for mistake, new evidence, or fraud, no more than one year after the judgment. A void judgment can be attacked at any time.
Can a judge vacate a judgment because he made a legal mistake?
Generally not under Rule 1.540. Legal error is corrected by rehearing or appeal.
What makes a judgment void in Florida?
Common examples are lack of personal jurisdiction from defective service and a denial of due process such as no notice of the hearing.
Talk to a Florida litigation lawyer
Weidner Law, P.A. handles Florida civil litigation and appeals from St. Petersburg. To have your case reviewed, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the Florida Rules of Civil Procedure, Appellate Procedure, and Judicial Administration are all on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
