Challenging a Final Judgment

You have recently received a final judgment against you and are not satisfied with the outcome. How do you challenge the final judgment and get the judgment overturned?

This is a complex area. However, there are several options afforded to you. The following are some, but not all, of the ways in which one can challenge a final judgment:

1. Appeal – You have the right to appeal the final judgment. However, doing so must be done within 30 days from the date the judgment was rendered. Going into an appeal, one must be aware of the complicated road ahead and the fact that there are no assurances that the judgment will, in fact, be overturned. Errors in the judgment must be clear and substantial.
2. Motion for Rehearing – After the final judgment, you will have 15 days to file a motion for rehearing. This hearing is held in front of the same judge that issued the judgment. A motion for rehearing is less costly than appeals and, in some cases, you may be required to file a motion for rehearing before filing an appeal.
3. 1.540 Motion – This type of motion must be filed within 1 year of the final judgment. However, there are other grounds which would allow for you to file beyond the year. If you believe that the final judgment was entered due to fraud, mistake, or is void or voidable, then a 1.540 motion may be the route to take.