Craig W. Thompson v. Lezrene M. Cunningham, 36 Fla. L. Wkly D1100a (Fla. 1st DCA May 20, 2011)

In this family law case, the appellant sought review of a denial of his motion under Rule 1.540 for relief from a judgment.  The motion claimed that the judgment contradicted the court’s findings at trial and included findings not supported by the evidence presented.  The appellate court affirmed, holding that “rule 1.540 was not 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 Curbelo v. Ullman, 571 So. 2d 443, 444 (Fla. 1990)).

CRAIG W. THOMPSON v. LEZRENE M. CUNNINGHAM, 36 Fla. L. Weekly D1100a (Fla. 1st DCA May 20, 2011)