Fla. Fam. L. R. P. 12.540

RULE 12.540

RELIEF FROM JUDGMENT, DECREES, OR

ORDERS

(a) Clerical Mistakes. Clerical mistakes in judgments or

other parts of the record and errors arising from oversight or

omission may be corrected by the court at any time on its own

initiative or on the motion of any party and after such notice, if any,

as the court orders. During the pendency of an appeal such

mistakes may be so corrected before the record on appeal is

docketed in the appellate court, and thereafter while the appeal is

pending may be so corrected with leave of the appellate court.

(b) Mistakes; Inadvertence; Excusable Neglect; Newly

Discovered Evidence; Fraud; etc. On motion and on such terms

as are just, the court may relieve a party or a party’s legal

representative from a final judgment, order, or proceeding for the

following reasons:

(1) mistake, inadvertence, surprise, or excusable

neglect;

(2) newly discovered evidence which by due diligence

could not have been discovered in time to move for a new trial or

rehearing;

(3) fraud (whether heretofore denominated intrinsic or

extrinsic), misrepresentation, or other misconduct of an adverse

party;

(4) that the judgment is void; or

(5) that the judgment has been satisfied, released, or

discharged, or a prior judgment on which it is based has been

reversed or otherwise vacated, or it is no longer equitable that the

judgment should have prospective application.

-- 159 of 215 --

Family Law Rules of Procedure October 1, 2025 160

The motion must be filed within a reasonable time, and for

reasons (1), (2), and (3) not more than 1 year after the judgment,

order, or proceeding was entered or taken; except that there will be

no time limit for motions based on fraudulent financial affidavits in

marital or paternity cases. The motion and any attachment or

exhibit to it must be in compliance with Florida Rule of General

Practice and Judicial Administration 2.425. A motion under this

subdivision does not affect the finality of a judgment or suspend its

operation. This rule does not limit the power of a court to entertain

an independent action or supplemental proceeding to relieve a party

from a judgment, order, or proceeding or to set aside a judgment for

fraud on the court.

1995 Adoption. Under this provision, Florida Rule of Civil

Procedure 1.540 applies to all family law issues involving relief from

judgment, decrees, or orders, except that there shall be no time

limit for motions filed under rule 1.540(b) based on fraudulent

financial affidavits in marital or paternity cases. Rule 1.540 was

expanded to include marital cases through the rule making

procedure subsequent to the Florida Supreme Court’s decision in

DeClaire v. Yohanan, 453 So.2d 375 (Fla. 1984).