Richard J. Mockler, P.A.
Attorneys at Law
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Rule 12.540
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Florida Family Law Rules of Procedure

Section I. Family Law Rules of Procedure

Rule 12.540. Relief From Judgment, Decrees, or Orders

Florida Rule of Civil Procedure 1.540 shall govern general provisions concerning relief from judgment, decrees, or orders, except that there shall be no time limit for motions based on fraudulent financial affidavits in marital or paternity cases.

COMMENTARY

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).



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