Everett v. Florida Transportation Services, Inc.

Calvin Everett, the plaintiff below, appeals an order denying his motion for relief from judgment brought under Florida Rule of Civil Procedure 1.540(b)(1). We reverse, because the record clearly demonstrates the existence of a factual mistake justifying relief.

On July 1, 1997, Everett filed a complaint against various defendants for injuries he sustained when he was crushed by a cargo container while working as a ship loader. The complaint alleged that the injury occurred “on or about June 26, 1994.” One of the defendants, appellee Florida Transportation Services, Inc., filed a motion to…