Elnenaey v. Elkadi

Summary

The Florida Second District Court of Appeal dismissed Ahmed Elnenaey's appeal from a final domestic-violence injunction because his motion to vacate did not toll the time for appealing the judgment. The court affirmed the denial of his motion to vacate because he did not support it with an affidavit or other sworn statement establishing excusable neglect.

Holdings

1. A motion to vacate under Florida Family Law Rule of Procedure 12.540(b) does not affect the finality or suspend the operation of the judgment and therefore does not toll rendition or the time for appealing the judgment. The court consequently lacked jurisdiction to review the appeal from the injunction judgment.
2. The denial of the motion to vacate was affirmed because excusable neglect must be proven by sworn statements or affidavits, and the appellant did not support his motion with an affidavit or other sworn statement.

Questions Presented

1. Whether the court had jurisdiction to review the final injunction judgment when the appellant's motion to vacate did not toll rendition of that judgment.
2. Whether the trial court properly denied the motion to vacate when the appellant failed to support it with an affidavit or other sworn statement.

Disposition

other