Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Extraordinary reliefRule 8.140

Part II · Delinquency Proceedings — G. Relief from Orders and Judgments · Rules of Juvenile Procedure (October 1, 2026 ed.)

2 opinions cite Rule 8.140

  1. State v. Levine 655 So. 2d 1258 · DCA95-1024 · District Court of Appeal 1995

    This opinion cites Rule 8.140 2 times, the section generally

    …action is now pending. See State v. Del Rey, 643 So.2d 1146 (Fla. 3d DCA 1994). The juvenile has now filed a motion, purportedly under Florida Rule of Juvenile Procedure 8.140, to set aside the waiver order on grounds that it was procured by fraud or misrepresentation. The particular juvenile division circuit judge who entered the…

  2. B.S. v. Department of Children & Families 764 So. 2d 718 · 2D99-2208 · 2nd DCA 2000

    Reversed & remanded This opinion cites Rule 8.140 1 time: (a)(1)

    Denial of relief reversed because the court never advised the father of his right to counsel before approving his stipulation, as DCF conceded.

    …denied his motion. On May 6, 1999, the court denied as untimely another motion for rehearing filed by B.S. B.S. filed a timely motion under Florida Rule of Juvenile Procedure 8.140(a)(1) seeking relief from the order denying his motion for rehearing of the order entered February 23, 1999. He reiterated his desire to have counsel appointed to…

Cited as rule 8.140 under earlier numbering (4)

These opinions cite a rule numbered 8.140 before that number meant this rule: before the rules were renumbered on July 1, 1991. They are about a different rule.

0 admin code rules cite Rule 8.140

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it.

No admin code rule cites Rule 8.140.

0 CFOPs cite Rule 8.140

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

No CFOP cites Rule 8.140.

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

(a) Basis. On motion and upon such terms as are just, the court may relieve a party or the party’s legal representative from an order, judgment, or proceeding for the following reasons:

(1) Mistake, inadvertence, surprise, or excusable neglect.

(2) Newly discovered evidence which by due diligence could not have been discovered in time to move for rehearing.

(3) Fraud (intrinsic or extrinsic), misrepresentation, or other misconduct of any other party.

(4) That the order or judgment is void.

(b) Time. The motion shall be made within a reasonable time and, for reasons (1), (2), and (3), not more than 1 year after the judgment, order, or proceeding was taken.

Amendments since the 1991 renumbering

From the Florida Bar edition's table of amending opinions. Where it lists a range of rules ("8.400–8.410"), each rule in the range today is listed.