DiPiazza v. Palm Beach Mall, Inc.
District Court of Appeal of Florida
1Opinion of the Court
BLUE, Acting Chief Judge.
Sheila DiPiazza appeals from an order denying a motion to reopen her personal injury action against Palm Beach Mall, Inc. DiPiaz-za contends her claim against Palm Beach *832was dismissed as the result of a clerical error or fraud and that she is entitled to relief pursuant to Florida Rule of Civil Procedure 1.540(a) or (b), even though she sought relief more than a year after the order of dismissal. We agree with the trial court that there is no evidence of fraud. However, the record fails to exclude clerical error as the reason for the order of dismissal; thus, we…
2Cases cited2 opinions
- Marks v. WertalkaDistrict Court of Appeal of Florida · 1985
- Underwriters at Lloyd's London v. Rolly Marine Service, Inc.District Court of Appeal of Florida · 1985
3Cited by3 opinions
- Pino v. Bank of New YorkSupreme Court of Florida · 2013
- BACON FAMILY PARTNERS v. Apollo Condominium Ass'n, Inc.District Court of Appeal of Florida · 2003
- ESTELLA D. PURDUE, AS PERSONAL REPRESENTATIVE v. R. J. REYNOLDS TOBACCO CO.District Court of Appeal of Florida · 2018