Pernas v. Poggi

Because Appellee’s May 29, 2007 motion to vacate order was filed more than four months after the trial court entered its January 9, 2007 order of dismissal with prejudice, and because none of the exceptions under Florida Rule of Civil Procedure 1.540(b) apply, we have no recourse but to reverse the order on appeal. See Curbelo v. Ullman, 571 So.2d 443, 444 (Fla.1990) (“[Florida Rule of Civil Procedure 1.540] was [neither] ‘intended to serve as a substitute for the new trial mechanism prescribed by Rule 1.530 nor as a substitute for appellate review of judicial error.’ ” (quoting Fiber Crete…