[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.fight13.com\/motion-for-relief-from-judgment-in-florida#BlogPosting","mainEntityOfPage":"https:\/\/www.fight13.com\/motion-for-relief-from-judgment-in-florida","headline":"Motion for Relief from Judgment In Florida","name":"Motion for Relief from Judgment In Florida","description":"When the Court enters an order or judgment, the Court expects that the order or judgment will continue to have an effect and bind the parties at all times following the entry of the order. However, sometimes, it can become inequitable for the order to be enforced going forward. The...","datePublished":"2018-07-23","dateModified":"2025-09-19","author":{"@type":"Person","@id":"https:\/\/www.fight13.com\/attorneys\/matis-h-abarbanel#Person","name":"Matis Abarbanel","url":"https:\/\/www.fight13.com\/attorneys\/matis-h-abarbanel","identifier":55,"image":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2025\/09\/matis-abarbanel_avatar-96x96.png","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2025\/09\/matis-abarbanel_avatar-96x96.png","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Loan Lawyers, LLC","logo":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/icon-logo.png","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/icon-logo.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/FRCP.jpg","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/FRCP.jpg","height":668,"width":1600},"url":"https:\/\/www.fight13.com\/motion-for-relief-from-judgment-in-florida","about":["Foreclosure Defense"],"wordCount":675,"keywords":["fdcpa","foreclosure","foreclosure defense"],"articleBody":"When the Court enters an order or judgment, the Court expects that the order or judgment will continue to have an effect and bind the parties at all times following the entry of the order. However, sometimes, it can become inequitable for the order to be enforced going forward.The Florida Rule of Civil ProcedureA party may seek relief from a judgment, order, or decree under Florida Rule of Civil Procedure 1.540(b)(5), on the grounds that \u201cit is no longer equitable that the judgment or decree should have prospective application.\u201d Fla. R. Civ. P. 1.540(b)(5).When a party seeks relief from an order, judgment, or decree on the grounds that it would no longer be equitable to enforce the order, the party must show that they have experienced a substantial change in circumstances. The substantial change in circumstances must be something that occurred after the court entered the order, judgment, or decree, and these new circumstances must make it inequitable for the order to continue to apply to the parties.Florida courts will not grant relief from an order, judgment, or decree on grounds that a party could have raised during litigation of the case. For example, if a defendant could have raised a certain defense before the court entered judgment, the defense would not be available as a \u201csubstantial change in circumstances\u201d even if the defendant raised that defense for the first time after the court entered its judgment.Smith v. Frank Griffin Volkswagen Inc.In Smith v. Frank Griffin Volkswagen, Inc., the Second District Court of Appeal held that it was inequitable to enforce the provision of the judgment which was based on a party\u2019s making use of a remedy \u201cwhich was discovered to be illusory.\u201d Smith, 645 So. 2d 585, 588 (Fla. 1st DCA 1994). The Smith Court held that, because the party who attempted to exercise the remedy could not exercise the remedy until after judgment, that party had proper grounds\u2014after judgment\u2014to bring a motion under Fla. R. Civ. P. 1.540(b)(5). Id.Steele v. BrownIn Steele v. Brown, the First District Court of Appeal found no substantial change in circumstances necessitating the trial court\u2019s setting aside an order where the contents of a will were known for many years, and the death of the decedent did not effectuate \u201calteration or change\u201d in property rights. 197 So. 3d 106, 110 (Fla. 1st DCA 2016).Gimbel v. Int\u2019l Mailing & Printing Co., Inc.In Gimbel v. Int\u2019l Mailing & Printing Co., Inc., the Fourth District Court of Appeal held that there was no substantial change in circumstances where the trial court was already aware of the defendant\u2019s claim for setoff before the court entered its final judgment. 505 So. 2d 631, 632 (Fla. 4th DCA 1987).Contact Loan Lawyers For HelpLoan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, our Fort Lauderdale foreclosure defense lawyers saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence, and fraud. Contact our Florida foreclosure defense lawyers for a free consultation to see how we may be able to help you.About the AuthorLatest PostsMatis AbarbanelMatis Abarbanel is the founding partner and senior attorney at Loan Lawyers in South Florida. He focuses his practice on consumer rights, helping homeowners navigate issues such as foreclosure and financial hardship. Matis also brings a wealth of experience from his previous work in personal injury law. As a devout Chasidic Jew, he is committed to making a positive impact in his community and dedicates his efforts to charitable initiatives through his non-profit organization, The Center, which aids at-risk Jewish youth. Matis actively serves clients across South Florida and is passionate about empowering individuals to secure their rights and achieve a better future.When Foreclosure Errors by Lenders Lead to Legal Remedies for Homeowners in Fort LauderdaleWhat Homeowners Can Do When Loan Documents Contain Forged or Altered SignaturesUnderstanding Florida\u2019s Debt Forgiveness Programs and IRS Rules"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Motion for Relief from Judgment In Florida","item":"https:\/\/www.fight13.com\/motion-for-relief-from-judgment-in-florida#breadcrumbitem"}]}]