Ohio Complaint for Correction and Reformation of Judgment on the Ground of Mistake

State:
Multi-State
Control #:
US-01529BG
Format:
Word; 
Rich Text
Instant download

Description

A trial court is vested with broad discretion to correct error. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint for Correction and Reformation of Judgment on the Ground of Mistake
  • Preview Complaint for Correction and Reformation of Judgment on the Ground of Mistake
  • Preview Complaint for Correction and Reformation of Judgment on the Ground of Mistake
  • Preview Complaint for Correction and Reformation of Judgment on the Ground of Mistake

How to fill out Complaint For Correction And Reformation Of Judgment On The Ground Of Mistake?

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FAQ

Under Florida law, F.S. §95.231(2), reformation of a deed must be brought within 20 years.

?Upon application of any interested person, the court may reform the terms of a will, even if unambiguous, to conform the terms to the testator's intent if it is proved by clear and convincing evidence that both the accomplishment of the testator's intent and the terms of the will were affected by a mistake of fact or ...

Deed reformation may be permitted where mutual mistake can be shown and proved: {¶13} ?Equity allows reformation of a written instrument when, due to a mutual mistake on the part of the original parties to the instrument, the instrument does not evince the parties' actual intention.

Florida law allows for reformation of contracts, trusts, and wills and deeds when there is clear and convincing evidence of a mistake of fact or law that affected the settlor's intent and the terms of the document.

A deed reformation asks the court to ?fix? the deed but issuing a court order declaring what the change to the deed should be. Grounds for a deed reformation generally require proof of a mutual mistake (where both parties erred in the drafting of the deed), fraud, accident, illegality, or unjust enrichment.

An action to correct a deed or other document which, through mistake or fraud, does not express the real agreement or intent of the parties.

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Ohio Complaint for Correction and Reformation of Judgment on the Ground of Mistake