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658 So. 2d 1215

Wright v. Scott

District Court of Appeal of Florida

Decided August 15, 1995

District Court of Appeal of Florida · decided 1995-08-15

Key passage — most relied on by later courts

“fundamental error which can be raised for the first time on appeal”

quoted by 1 later decision, including 884 So. 2d 346 - Bank One, NA v. Batronie

Relies on 237 So. 2d 134 - Sanford v. Rubin · 177 So. 2d 193 - Kippy Corporation v. Colburn · Love v. Hannah

Good law ✅— No negative treatment on recordhow we know

Decided 1995-08-15

How this case has been cited

Cited by 9 later decisions — most recently January 2017

9 state decisions

30199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1Ronald L. Wright appeals a final summary judgment adding him, individually, to a final judgment obtained by appellee, Marcus Bernard Scott, several years earlier. However, Scott’s motion to correct the final judgment, which was made pursuant to Florida Rule of Civil Procedure 1.540(b), was filed more than two years after entry of the initial final judgment, and nearly 18 months after entry of the last amended final judgment. Therefore, the trial court was without jurisdiction to amend the final judgment by adding Wright, because more than one year had passed since entry of the last amended final judgment. Kippy Corp. v. Colburn, 177 So.2d 193 (Fla.1965); Hartley v. Andriuli, 595 So.2d 311 (Fla. 2d DCA 1992); St. Cloud Utilities v. Moore, 410 So.2d 973 (Fla. 5th DCA 1982); Avant v. Waites, 295 So.2d 362 (Fla. 1st DCA 1974). Even though Wright failed to raise this error below, it is fundamental error which can be raised for the first time on appeal. Sanford v. Rubin, 237 So.2d 134 (Fla.1970); Love v. Hannah, 72 So.2d 39 (Fla.1954); Hadley v. Hadley, 140 So.2d 326 (Fla. 3d DCA 1962).

¶2REVERSED.

ERVIN, BENTON and VAN NORTWICK, JJ., concur.
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