HELEN B. HORTON, APPELLANT,
v.
RODRIGUEZ ESPAILLAT Y ASOCIADOS, APPELLEE
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The court held that a trial court must vacate a void judgment when a party moves to do so under Rule 1.540(b).
Defendant moved to vacate a final judgment, asserting the underlying judgment was void. The complaint failed to state a recognizable claim against the…
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PER CURIAM.
We reverse the order denying defendant’s motion to vacate the final judgment pursuant to Florida Rule of Civil Procedure 1.540(b). Where a party asserts that the underlying judgment is void, “it is necessary to evaluate the underlying judgment in reviewing the order denying the motion. If it is determined that the judgment entered is void, the trial court has no discretion, but is obligated to vacate the judgment.” Dep’t of Transp. v. Bailey, 603 So. 2d 1384, 1386-87 (Fla. 1st DCA 1992).
In this case, the underlying judgment is void because the complaint, on its face, fails to state a recognizable claim against the defendant, see Becerra v. Equity Imports, Inc., 551 So. 2d 486 (Fla. 3d DCA 1989); Magnificent Twelve, Inc. v. Walker, 522 So. 2d 1031 (Fla. 3d DCA 1988); see also Palmer v. Parker, 52 Fla. 389, 42 So. 398, 400 (1906), for liability on the dishonored checks. The trial court should have granted the motion on this basis.
This cause is therefore reversed and remanded for further proceedings. The remaining points raised on appeal lack merit.
Reversed and remanded.
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Wiggins v. Tigrent, Inc., 147 So. 3d 76 (Fla. 2d DCA 2014)…. 3d DCA 2011). A decision whether or not to vacate a void judgment is not within the ambit of a trial court’s discretion; if a judgment previously entered is void, the trial court must vacate the judgment. Horton v. Rodriguez Espaillat y Asociados, 926 So. 2d 436, 437 (Fla. 3d DCA 2006) (quoting Dep’t of Transp. v. Bailey, 603 So. 2d 1384, 1386-87 (Fla. 1st DCA 1992)). Tigrent bases its argument that Mr. Wiggins waived the defense of lack of personal jurisdiction on the pertinent provisions of Florida Rule…
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Phenion Dev. Grp., Inc. v. Love, 940 So. 2d 1179 (Fla. 5th DCA 2006)…[*1182] Appellees’ complaint did not expressly plead entitlement to post-judgment interest at the default contract rate, the trial court lacked “subject matter jurisdiction” to award interest at the default contract rate, citing Horton v. Rodriguez, 926 So. 2d 436 (Fla. 3d DCA 2006) and Decubellis v. Ritchotte, 730 So. 2d 723 (Fla. 5th DCA 1999). Neither of these cases support Appellants’ argument. In Decubellis, this court held that a default judgment should be vacated where the moving party shows “excusabl…
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Nationstar Mortg., LLC v. Diaz, 227 So. 3d 726 (Fla. 3d DCA 2017)…within the ambit of a trial court’s discretion; if a judgment previously entered is void, the trial court must vacate the judgment.” Wiggins v. Tigrent, Inc., 147 So. 3d 76, 81 (Fla. 2d DCA 2014); see also Horton v. Rodriguez Espaillat y Asociados, 926 So. 2d 436, 437 (Fla. 3d DCA 2006) (holding that the trial court must vacate a void judgment). As a trial court’s ruling on whether a judgment is void presents a question of law, an appellate court reviews the trial court’s ruling de novo. See Vercosa v. Field…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Becerra v. Equity Imports, Inc., 551 So. 2d 486 (Fla. 3d DCA 1989)
- State v. Bailey, 603 So. 2d 1384 (Fla. 1st DCA 1992)
- Palmer v. Parker, 52 Fla. 389 (Fla. 1906)
- Magnificent Twelve, Inc. v. Walker, 522 So. 2d 1031 (Fla. 3d DCA 1988)