JOHN KANECKE, APPELLANT,
v.
LENNAR HOMES, INC., APPELLEE
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The court held that a trial court must grant relief from judgment when the undisputed facts show the appellant received no notice of the judgment's entry.
Appellant received no notice of the entry of summary judgment for over thirty days after its rendition, causing the time for appeal to expire before a…
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[*785] PER CURIAM.
We have for review an order denying a motion for relief from judgment pursuant to Rule 1.540(b), Florida Rules of Civil Procedure. We reverse.
The trial court entered summary judgment against appellant. It is undisputed that appellant received no notice of the entry of the summary judgment for over thirty days after its rendition. The time for appeal had therefore expired prior to appellant being aware that judgment had been entered. Appellant moved for relief from judgment under Rule 1.540(b), requesting that the trial court vacate the order and reenter it, so as to re-start the time for appeal. The trial court denied the motion without a statement of reasons. This appeal is from the denial of the Rule 1.540 motion.
Where, as here, the uncontroverted facts showed that appellant did not receive notice, the trial court was obligated to grant relief from the judgment as a matter of law. Falkner v. Amerifirst Fed. Sav. & Loan Ass’n, 489 So. 2d 758, 759 (Fla. 3d DCA 1986); accord Southeastern Fidelity Ins. Co. v. Truck Ins. Exch., 521 So. 2d 306 (Fla. 3d DCA 1988); Gibson v. Buice, 381 So. 2d 349 (Fla. 5th DCA 1980); Woldarsky v. Woldarsky, 243 So. 2d 629 (Fla. 1st DCA 1971); see also Town of Hialeah Gardens v. Hendry, 376 So. 2d 1162 (Fla.1979).
Reversed.
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Scutieri v. Miller, 584 So. 2d 15 (Fla. 3d DCA 1991)…ion of death was ineffective if plaintiffs counsel did not receive it. Certainly plaintiffs counsel cannot be charged with the responsibility to respond to a suggestion of death of which he had no knowledge. See, e.g., Kanecke v. Lennar Homes, Inc., 543 So. 2d 784 (Fla. 3d DCA 1989); D'Alacio v. Intercontinental Bank, 541 So. 2d 1290 (Fla. 3d DCA 1989); Shields v. Flinn, 528 So. 2d 967, 968 (Fla. 3d DCA 1988); Hammett v. Hammett, 510 So. 2d 632 (Fla. 3d DCA 1987); Falkner v. Amerifirst Fed. Sav. & Loan Ass’n,…
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Hialeah Hotel, Inc. v. Woods, 778 So. 2d 314 (Fla. 3d DCA 2000)…that the adversely affected party can file a notice of appeal. See Durando v. Palm Beach County, 719 So. 2d 1258 (Fla. 1st DCA 1998); Rosso v. Golden Surf Towers Condominium Assoc., 711 So. 2d 1298 (Fla. 4th DCA 1998); Kanecke v. Lennar Homes, Inc., 543 So. 2d 784 (Fla. 3d DCA 1989); Southeastern Fidelity Ins. Co. v. Truck Ins. Exchange, 521 So. 2d 306 (Fla. 3d DCA 1988); Spanish Oaks Condominium Assoc., Inc. v. Compson of Florida, Inc., 453 So. 2d 838 (Fla. 4th DCA 1984); Wech-sler v. Wechsler, 436 So. 2d 10…
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Paul v. Wells Fargo Bank, N.A., 68 So. 3d 979 (Fla. 2d DCA 2011)…So. 2d 774, 775-76 (Fla. 2d DCA 1974) (remanding case to trial [*984] court pursuant to rule 1.540 for reentry of order where counsel for incompetent petitioner not advised of order entry until after appeal deadline); Kanecke v. Lennar Homes, Inc., 543 So. 2d 784, 785 (Fla. 3d DCA 1989) (holding where appellant did not receive notice of entry of order until after time for appeal expired, trial court as matter of law must grant rule 1.540(b) relief request to vacate and reenter it to restart time for appeal);…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Falkner v. Amerifirst Fed. Sav. & Loan Ass'n, 489 So. 2d 758 (Fla. 3d DCA 1986)
- Robert M. Gibson et ux. v. Buice, 381 So. 2d 349 (Fla. 5th DCA 1980)
- Town OF Hialeah Gardens v. Hendry, 376 So. 2d 1162 (Fla. 1979)
- Woldarsky v. Woldarsky, 243 So. 2d 629 (Fla. 1st DCA 1971)
- Se. Fid. Ins. Co. v. Truck Ins. Exch., 521 So. 2d 306 (Fla. 3d DCA 1988)