ROSE MARIE GOODMAN, INDIVIDUALLY AND AS CO-TRUSTEE OF THE ADOLPH AND HERMAN GOODMAN FAMILY TRUST, APPELLANT,
v.
PAULINE JOFFE N/K/A PAULINE GOODMAN, AS SUCCESSOR CO-TRUSTEE OF THE ADOLPH AND HERMAN GOODMAN FAMILY TRUST, DAVID JOFFE, SUCCESSOR CO-TRUSTEE OF THE ADOLPH AND HERMAN GOODMAN FAMILY TRUST, AND HERMAN GOODMAN, INDIVIDUALLY AND AS CO-TRUSTEE OF THE ADOLPH AND HERMAN GOODMAN FAMILY TRUST, APPELLEES
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Rose Marie Goodman appealed an order denying her motion to vacate a default final judgment in a trust dispute. The court held that a trial court must rule on a pending motion to vacate a default before entering a default final judgment, and therefore reversed and remanded the case.
The court held that as a matter of law, a trial court must rule on a pending motion to vacate a default before entering a default final judgment. The court affirmed the trial court's denial of the motion to quash service of process.
[1] A trial court errs by entering a default final judgment without first ruling on a pending motion to vacate the clerk's default.
[2] A trial court's order denying a motion to quash service of process may be affirmed on appeal.
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Join FLexlaw to unlock all legal intelligence“as a matter of law, the trial court should have ruled on her pending motion to vacate the default entered against her before entering a default final judgment”
States the core holding that a trial court must rule on pending motions to vacate before entering default final judgment
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Join FLexlaw to unlock all legal intelligenceRose Marie Goodman was involved in litigation concerning the Adolph and Herman Goodman Family Trust. A default was entered against her, and the trial …
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Rose Marie Goodman appeals an order denying her motion to vacate a default final judgment. Goodman contends that, as a matter of law, the trial court should have ruled on her pending motion to vacate the default entered against her before entering a default final judgment. We agree. See Vacation Escape, Inc. v. Mich. Nat’l Bank, 735 So.2d 528, 529 (Fla. 4th DCA 1999) (reversing entry of a final default judgment where the trial court failed to hear the motion to vacate the clerk’s default); see also Punta Gorda Ready Mixed Concrete, Inc. v. Green Manor Constr. Co., 166 So.2d 889, 890 (Fla.1964); Lakeview Auto Sales v. Lott, 753 So.2d 723, 724 (Fla. 2d DCA 2000) (reversing default final judgment because the trial court failed to rule on the pending motions to set aside the default). Goodman also appeals the order denying her motion to quash service of process. We affirm that order.
Our holding should not be read to mean that a party may ignore the time requirements imposed by Florida Rule of Civil Procedure 1.540, or that we countenance the practice of filing a motion and then allowing it to languish. The civil practice of law would benefit from a rule which provides that motions not pursued to resolution by the movant within a fixed period of time should be deemed denied. Cf. Sewell Masonry Co. v. DCC Constr., Inc., 862 So.2d 893, 899 (Fla. 5th DCA 2003) (“Litigants have an affirmative obligation to move their cases to resolution a,nd not sit back and rely on the trial court to set their hearings for them.”).
We reverse the default final judgment and remand for further proceedings consistent herewith.
Reversed and Remaoided.
GROSS, C.J., and POLEN, J., concur.
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Gedalya Blatter v. D.N. Suyte Inc. (Fla. 4th DCA 2023)
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Cardiosonx Labs., Inc. v. Aguadilla Med. Servs., Inc., 100 So. 3d 285 (Fla. 3d DCA 2012)…t to proceed with the action.” Vacation Escape, Inc. v. Mich. Nat’l Bank, 735 So. 2d 528, 529 (Fla. 4th DCA 1999) (quoting Punta Gorda Ready Mixed Concrete, Inc. v. Green Manor Constr. Co., 166 So. 2d 889, 890 (Fla.1964)); see also Goodman v. Joffe, 57 So. 3d 1001, 1001 (Fla. 4th DCA 2011) (reversing a default final judgment because “the trial court should have ruled on [the appellant’s] pending motion to vacate the default entered against her before entering a default final judgment”); Lakeview Auto Sales v.…
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Archana Singh and Dennis Massey v. Dev T. Kumar, 234 So. 3d 1 (Fla. 4th DCA 2017)…ed to judgment. Punta Gorda Ready Mixed Concrete, Inc. v. Green Manor Constr. Co., 166 So. 2d 889, 890 (Fla. 1964) (citing Cobb v. Trammell, 73 Fla. 574, 74 So. 697 (1917); Dudley v. White, 44 Fla. 264, 31 So. 830 (1902)); see also Goodman v. Joffe, 57 So. 3d 1001 (Fla. 4th DCA 2011); Vacation Escape, Inc. v. Michigan Nat. Bank, 735 So. 2d 528, 529 (Fla. 4th DCA 1999); Cardiosonx Labs., Inc. v. Aguadilla Med. Services, Inc., 100 So. 3d 285, 287 (Fla. 3d DCA 2012); Lakeview Auto Sales v. Lott, 753 So. 2d 723 (…
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
- Punta Gorda Ready Mixed Concrete, Inc. v. Green Manor Constr. Co., Inc., 166 So. 2d 889 (Fla. 1964)
- Sewell Masonry Co. v. DCC Constr., Inc., 862 So. 2d 893 (Fla. 5th DCA 2003)
- Vacation Escape, Inc. v. Mich. Nat'l Bank, 735 So. 2d 528 (Fla. 4th DCA 1999)
- Lakeview Auto Sales v. Lott, 753 So. 2d 723 (Fla. 2d DCA 2000)