What is the name of your state? Florida
Florida civil court entered a permanent injunction (final judgment) against me during January 2019 in a family issue. I never appealed or filed for rehearing. I saw Fla. R. Civ. P. 1.610(c) which states: “Every injunction … shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document.” However, the Injunction is very unclear, and several restrained activities in it are not explained in reasonable detail. What is the proper procedure to vacate the injunction as void? Can a file a motion?
I read “If it is determined that the judgment entered is void, the trial court has no discretion, but is obligated to vacate the judgment.” Dep of Transp. v. Bailey, 603 So. 2d 1384, 1386-87 (Fla. 1st DCA 1992) I also read:
although a motion to set aside a judgment must be filed “within a reasonable time,” see Fla. R. Civ. P. 1.540(b) (2017), because the mere passage of time cannot make a void judgment valid, a motion to vacate a judgment as void may “reasonably” be filed many years after the judgment was entered. See M.L. Builders, Inc. v. Reserve Developers, LLP, 769 So. 2d 1079, 1082 (Fla. 4th DCA 2000)
I cannot afford an attorney.
Florida civil court entered a permanent injunction (final judgment) against me during January 2019 in a family issue. I never appealed or filed for rehearing. I saw Fla. R. Civ. P. 1.610(c) which states: “Every injunction … shall describe in reasonable detail the act or acts restrained without reference to a pleading or another document.” However, the Injunction is very unclear, and several restrained activities in it are not explained in reasonable detail. What is the proper procedure to vacate the injunction as void? Can a file a motion?
I read “If it is determined that the judgment entered is void, the trial court has no discretion, but is obligated to vacate the judgment.” Dep of Transp. v. Bailey, 603 So. 2d 1384, 1386-87 (Fla. 1st DCA 1992) I also read:
although a motion to set aside a judgment must be filed “within a reasonable time,” see Fla. R. Civ. P. 1.540(b) (2017), because the mere passage of time cannot make a void judgment valid, a motion to vacate a judgment as void may “reasonably” be filed many years after the judgment was entered. See M.L. Builders, Inc. v. Reserve Developers, LLP, 769 So. 2d 1079, 1082 (Fla. 4th DCA 2000)
I cannot afford an attorney.