Hill v. Hill

I respectfully dissent. If the appellant believed that the trial court erred in awarding her a $90,000.00 judgment, her remedy was to appeal that judgment. She did not file a direct appeal; therefore, that judgment is final.

The majority opinion acknowledges that the appellant erred in filing her request for relief from the $90,000.00 final judgment as a separate petition seeking partition. However, the majority seeks to correct the appellant’s error by sua sponte treating her partition petition as a motion for relief from judgment, pursuant to Florida Rule of Civil Procedure 1.540(b).…