Legal Opinion

Landau v. Lupowitz

District Court of Appeal of Florida

Decided November 18, 1998No. 98-622Published

1Per curiam

We reverse the instant order setting aside a final default judgment. The only reason advanced in defendant Sam Lupow-itz’s motion to set aside the judgment was his claim that plaintiff Israel M. Landau’s complaint had cited to an incorrect statute number. Lupowitz argued neither excusable neglect nor a meritorious defense. See Fla. R. Civ. P. 1.540. A trial judge should not provide relief from judgment in order to correct errors of law. See Curbelo v. Ullman, 571 So.2d 443, 445 (Fla.1990); Eastern Ceiling & Supply Corp. v. Powerhouse Insulation Inc., 589 So.2d 383 (Fla. 4th DCA 1991); Fiber…

2Cases cited5 opinions

  1. Curbelo v. UllmanSupreme Court of Florida · 1990
  2. Fiber Crete Homes, Inc. v. DIVISON OF ADM., DEPT. OF TR.District Court of Appeal of Florida · 1975
  3. In Re Estate of BeemanDistrict Court of Appeal of Florida · 1980
  4. Constant v. TillitsonDistrict Court of Appeal of Florida · 1968
  5. EASTERN CEILING & SUPPLY CORP., INC. v. Powerhouse Insulation, Inc.District Court of Appeal of Florida · 1991

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