BARBARA A. WATSON, APPELLANT,
v.
JAMES D. WATSON, APPELLEE
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A judgment entered without notice to a party is void, and the trial court abuses its discretion by proceeding with a final hearing without notice.
Appellant, pro se, did not receive notice of the final hearing because the trial court did not mail the notice to her correct address. She did not app…
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[*411] PER CURIAM.
Barbara Watson appeals from an order that denied her motion to set aside a final judgment of dissolution of marriage on the grounds that she did not receive notice of the final hearing. We reverse.
The trial court entered an order, pursuant to Fla.R.Civ.P. 1.440(c), setting the dates and times for a pretrial hearing and a non-jury trial in the parties’ dissolution of marriage suit. Appellant, a pro se respondent, claims that she did not receive her copy of the order.1 The face of the order shows that the trial court did not mail the notice to appellant’s correct address. Appellant did not appear at either the pretrial or final hearing. The trial court mailed a copy of the final judgment to appellant’s correct address and upon receipt, appellant promptly filed a motion to set aside the judgment on the grounds of lack of notice.
It is well settled that a judgment entered without notice to a party is void. See Shields v. Flinn, 528 So. 2d 967 (Fla. 3d DCA 1988); Falkner v. Amerifirst Federal Savings & Loan Ass’n., 489 So. 2d 758 (Fla. 3d DCA 1986). As we stated in Taylor v. Bowles, 570 So. 2d 1093, 1094 (Fla. 4th DCA 1990), “[w]hen a party has no notice of a trial date, the trial court abuses its discretion when it proceeds with a final hearing.” See also Li v. Li, 442 So. 2d 327 (Fla. 4th DCA 1983). Accordingly, we reverse the trial court’s order denying appellant’s motion to set aside the judgment and remand this cause for a new trial.
REVERSED AND REMANDED.
DELL, GUNTHER and POLEN, JJ., concur. . To rebut this, appellee relies exclusively upon an affidavit that is not properly before this court. See Fla.R.App.P. 9.200(a)(1) and 9.220.
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Wyatt v. Haese, 649 So. 2d 905 (Fla. 4th DCA 1995)…rvice had been perfected, after a default was entered against him, appellant was not supplied with notice of the trial for damages, which provides an additional independent basis for the reversal of the damages judgment. See, e.g., Watson v. Watson, 583 So. 2d 410, 411 (Fla. 4th DCA 1991); Osceola Farms Co. v. Sanchez, 238 So. 2d 477 (Fla. 4th DCA 1970); Falkner v. Amerifirst Fed. Sav. & Loan Ass'n, 489 So. 2d 758 (Fla. 3d DCA 1986); Fla.R.Civ.P. 1.440(c).…
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State v. Thurmond, 721 So. 2d 827 (Fla. 3d DCA 1998)…which has always been void”. Ramagli Realty Co. v. Craver, 121 So. 2d 648, 654 (Fla.1960). Thus, we conclude that the lower court abused its discretion when it denied the state’s motion seeking to vacate the order of dismissal. See Watson v. Watson, 583 So. 2d 410, 411 (Fla. 4th DCA 1991); Taylor v. Bowles, 570 So. 2d 1093, 1094 (Fla. 4th DCA 1990); Clement v. Marcus, Stowell & Beye, Inc., 516 So. 2d 1137, 1138 (Fla. 4th DCA 1987). Hence, we reverse and remand with directions that this cause, including the wr…
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Vercosa v. Fields, 174 So. 3d 550 (Fla. 4th DCA 2015)…ocess guarantee of notice and an opportunity to be heard.”) (internal quotations and alterations omitted). Several courts have held that if the notice of hearing was mailed to the incorrect address, the final judgment is void. See Watson v. Watson, 583 So. 2d 410, 411 (Fla. 4th DCA 1991) (reversing order denying motion to set aside a final judgment where the court did not mail the notice of trial to the party’s correct address, and explaining: “It is well settled that a judgment entered without notice to a p…
Previewing 3 of 18 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)
- Shields v. Flinn, 528 So. 2d 967 (Fla. 3d DCA 1988)
- Taylor v. Bowles, 570 So. 2d 1093 (Fla. 4th DCA 1990)
- Blankenship v. Myers, 442 So. 2d 327 (Fla. 4th DCA 1983)
- LI v. Chi Hsi LI, 442 So. 2d 327 (Fla. 4th DCA 1983)