Josue Pinilla, and Jhonnatan Robert Pinilla Contreras v. La Wagyeria Group, LLC
The Third DCA affirmed the Miami-Dade Circuit Court's denial of appellants' second Rule 1.540(b) motion to set aside a default and final judgment. The trial court denied the motion on three independent grounds: untimeliness, that it constituted an improper successive motion for reconsideration, and that the arguments raised were known or should have been known when the first motion was filed.
Key facts
- Appellants Josue Pinilla and Jhonnatan Robert Pinilla Contreras were parties in Miami-Dade Circuit Court lower tribunal case 22-6242-CA-01 against La Wagyeria Group, LLC.
- A default and final judgment was entered against appellants in the trial court.
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Holdings
- Denial of a successive Rule 1.540(b) motion is not an abuse of discretion when the motion is untimely, constitutes improper reconsideration of a prior ruling, and advances arguments that…
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