The Character of a Motion is of Greater Importance than its Title
Submitted by Melanie Barker on 02 Jul, 2025
The subject matter of a motion is more important than how the motion is labeled. Courts have taken the position that the subject matter of a motion is more important than its title. See Mandelko v. Lopresti, 345 So.3d 314, 317 (Fla. 4th DCA 2022) and Green v. Poluckoff, 377 So.3d 1175 (Fla. 4th DCA 2024). Generally, the character of a motion depends upon its content. See Fire & Cas. Ins. Co. of Connecticut v. Sealey, 810 So.2d 988, 992(Fla. 1st DCA 2002).
In Mandelko, Former Wife filed a motion to set aside, clarify, and/or enforcement of a final judgement in a divorce more than a year after a final judgment had been entered. 345 So.3d at 316. The parties had come to a settlement agreement, but it was silent as to the method of valuing and paying the pension benefits. Id. Former Wife filed her motion requesting that she be paid a monthly life annuity and Former Husband wanted to pay a lump sum. Id. A magistrate, after hearing the arguments, made a recommended order siding with the Former Wife. Id. Former Husband filed an exception which was heard by the trial court who sided with him on the grounds that it believed that the subject motion was a motion to amend the final judgment. Therefore, the motion was filed too late and the trial court lacked jurisdiction. Id at 316-317. Former Wife filed an appeal arguing that the issue within the motion was enforcement of the final judgment and not amendment of the motion. Id at 317.
In reviewing the proceedings and the order, this Court found that the trial court erred when it did not look past the title and into the substantive issues of the motion. Id. In a review of those substantive issues, it was clear that Former Wife was seeking to enforce the final judgment. Id. This Court ruled that the contents of the motion are more important than how it is titled and reversed and remanded for the trial court to rehear the motion. Id 317-318. Thus, Courts generally need to evaluate a motion, not based on its title, but what it contains.