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RULE 8.140. EXTRAORDINARY RELIEF

Compilation updated · Source captured 2026-10-10. Florida Bar compilation; later amendments may exist. A compilation update date is not the effective date of every rule.

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RULE 8.140. EXTRAORDINARY RELIEF

(a) Basis. On motion and upon such terms as are just, the court may relieve a party or the party’s legal representative from an order, judgment, 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 rehearing.

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(3) Fraud (intrinsic or extrinsic), misrepresentation, or other misconduct of any other party.

(4) That the order or judgment is void.

(b) Time. The motion shall be made within a reasonable time and, for reasons (1), (2), and (3), not more than 1 year after the judgment, order, or proceeding was taken.

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