METROPOLITAN DADE COUNTY, APPELLANT,
v.
ISAAC CURRY, APPELLEE
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The court held that an order entered without notice or an opportunity to be heard is void and can be attacked at any time.
Dade County impounded a vehicle after arresting its driver, Isaac Curry. The trial court ordered the return of the vehicle to Curry without notifying …
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PER CURIAM.
Metropolitan Dade County appeals the denial of a Motion to Set Aside an Order for Return of Property.
Dade County was in possession of an automobile which had been impounded as a result of the arrest by Dade County law enforcement, of its driver, Isaac Curry. Upon completion of the criminal action the trial court entered an Order for Return of Personal Property directing the arresting authority to return the vehicle to Curry. Dade County was not a party to nor was it notified of the hearing at which the trial court issued the disputed order. Some seventeen months later Dade County filed a Motion to Set Aside an Order for Return of Property, which was denied by the trial court.
An order entered without notice or opportunity to be heard is a void order. See Malone v. Meres, 91 Fla. 709, 109 So. 677 (1926); Falkner v. Amerifirst Federal Savings and Loan, 489 So. 2d 758 (Fla. 3d DCA 1986). A void order may be attacked at any time. See Shields v. Flinn, 528 So. 2d 967 (Fla. 3d DCA 1988); Falkner v. Amerifirst Federal Savings and Loan, supra.
As a matter of law the trial court was obligated to grant Dade County relief from the Order for Return of Personal Property. The facts demonstrate that Dade County did not receive notice of the hearing on the Motion for Return of Property or an opportunity to be heard on said motion.
Because we find the order to be void we decline to address the jurisdictional issues raised by Dade County regarding the trial court’s power to enter an order binding a nonparty.
Reversed and remanded.
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State v. Thurmond, 721 So. 2d 827 (Fla. 3d DCA 1998)…e hearing, it summarily denied the state’s motion. In so doing, we agree with the state that the court erred. This court has repeatedly held that a judgment entered without notice to a party is void ab initio. See Metropolitan Dade County v. Curry, 632 So. 2d 667, 668 (Fla. 3d DCA 1994); Cam-La, Inc. v. Fixel, 632 So. 2d 1067, 1068 (Fla. 3d DCA 1994); McAdam v. Thom, 610 So. 2d 510, 512 (Fla. 3d DCA 1992) Shields v. Flinn, 528 So. 2d 967, 968 (Fla. 3d DCA 1988); Falkner v. Amerifirst Federal Savings and Loan…
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Armas v. State, 811 So. 2d 775 (Fla. 3d DCA 2002)…trial court may reconsider the correctness of a final disposition in cases involving “fraud, mistake, inadvertence, misconduct, or the like[.]” See Acosta v. State, 515 So. 2d 338, 339 (Fla. 3d DCA 1987). See also Metropolitan Dade County v. Curry, 632 So. 2d 667, 668 (Fla. 3d DCA 1994)(“order entered without notice or opportunity to be heard is a void order ... and may be attacked at any time”). As to the merits, we answer the certified question in the negative. In Vining v. State, 637 So. 2d 921, 925 (Fl…
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Metro. Mortg. Co. of Miami v. Ivor H. Rose (Fla. 3d DCA 2022)…60 (Pearson, J., specially concurring); Reyes v. Aqua Life Corp., 209 So. 3d 47, 51 (Fla. 3d DCA 2016) (“Judgments entered without notice are void, and relief from a void judgment may be granted at any time.”); Metropolitan Dade County v. Curry, 632 So. 2d 667, 668 (Fla. 3d DCA 1994) (citations omitted) (“An order entered without notice or opportunity to be heard is a void order. A void order may be attacked at any time.”). Consequently, while Rose persuasively argues that Metropolitan Mortgage unreaso…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Malone v. Meres, 109 So. 677 (Fla. 1926)
- 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)