The PADRON LAW GROUP, P.L.L.C. and ESTHER MEDINA HERNANDEZ v. JUAN DIAZ VALDENEBRO, Etc.
CourtDistrict Court of Appeal of Florida
Date FiledJuly 15, 2020
Docket3D19-2219
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed July 15, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D19-2219
Lower Tribunal No. 17-16175
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The Padron Law Group, P.L.L.C. and
Esther Medina Hernandez,
Appellant,
vs.
Juan Diaz Valdenebro, etc.,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Judith L. Kreeger,
Senior Judge.
The Padron Law Group, P.L.L.C., Luis M. Padron and Brian D. Fell, for
appellant.
Marks & West, P.A., Evan R. Marks and Carolyn W. West, for appellee.
Before FERNANDEZ, LINDSEY and LOBREE, JJ.
PER CURIAM.
Affirmed. See Williams v. Taylor, 45 Fla. L. Weekly D1276, D1276 (Fla. 3d
DCA May 27, 2020) (analogizing Fla. R. Civ. P. 1.540(b)(4) and Fla. Fam. L.R.P.
12.540(b)(4) and holding that neither affords relief from merely voidable
judgments); Sanchez v. Sanchez, 285 So. 3d 969, 975 n.9 (Fla. 3d DCA 2019)
(declining to find orders void under rules 1.540(b)(4) or 12.540(b)(4) merely
because they were caused by trial court’s “mischaracteriz[ation]” that it lacked
jurisdiction, when it “plainly had [it] to make [the] determinations [requested]”);
Magaziner v. Magaziner, 434 So. 2d 10, 11 (Fla. 3d DCA 1983) (affirming denial
of appellant’s motion for relief where trial court’s judgment, though procedurally
erroneous, “was merely error in the exercise of properly obtained jurisdiction”).
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