Nichols v. Hepworth

FARMER, Judge.

We review an order denying relief under rule 1.540(b). The motion that led to the order sought to have the court vacate an earlier final order and re-enter it so as to allow for a timely notice of appeal of that final order. The motion was grounded on the fact that when the final order was received from the court in the mail, a member of the attorney’s clerical staff misfiled the document, thus preventing the office’s established system of docketing and follow up from being timely and properly employed. If it had been, the attorney swore, the notice of appeal would have been…