Navarro v. Castro

I respectfully dissent from the majority’s opinion in two respects. First, the mistake at issue was judgmental in nature, and as the majority points out, Florida Rule of Civil Procedure 1.540(b)(1) does not grant relief for judgmental or tactical mistakes made by the moving counsel. Miller v. Fortune Ins. Co., 484 So.2d 1221, 1223 (Fla.1986) (“The true rationale in Randle[-Eastern Ambulance Service, Inc. v. Vasta] ... was that judgmental error by the plaintiff is not the kind of mistake, inadvertence, or excusable neglect contemplated by rule 1.540(b).”). Second, appellant’s motion did not…