Newell v. Moore

The appellant challenges an order by which the trial court denied a Florida Rule of Civil Procedure 1.540(b) motion for relief from judgment. In this motion the appellant indicated that he had received a misdated copy of the judgment and that this frustrated his ability to timely appeal therefrom. The appellant asked the court to vacate and then reenter the prior order, so as to preserve his right to appeal. Although the court found that the order in the court file was properly dated, cases such as Griffin v. Florida Parole Commission, 727 So.2d 1092 (Fla. 1st DCA 1999), and Gibson v. Buice,…