JOHN DEERE CONSTRUCTION & FORESTRY COMPANY, APPELLANT,
v.
LORELYS ELECTRIC CORPORATION, YOHAN ELECTRIC CORPORATION, AND THE ESTATE OF LORENZO GONZALEZ, APPELLEES
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The appellate court affirmed the trial court's order granting relief from judgment, finding that while the trial court's reasoning was flawed, the result was correct under the doctrine of excusable neglect.
[1] A trial court does not abuse its discretion in granting a motion for relief from judgment and vacating a final summary judgment when the movant demonstrates excusable neg…
[2] A party may be relieved from a final judgment under Florida Rule of Civil Procedure 1.540(b)(1) upon a showing of mistake, inadvertence, surprise, or excusable neglect.
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Join FLexlaw to unlock all legal intelligenceJohn Deere obtained a default and then a summary judgment against Yohan for failure to pay for equipment. Yohan moved for relief from judgment, allegi…
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John Deere Construction & Forestry Co. (“John Deere”) appeals from a non-final order granting a motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b). As the trial court did not abuse its discretion in granting the motion for relief from judgment and vacating the final summary judgment, we affirm.
On December 1, 2009, John Deere filed a complaint against appellees, Lorelys Electric Corp. (“Lorelys”), the Estate of Lorenzo Gonzalez (“Gonzalez”), and Yohan Electric Corp. (‘Yohan”), alleging breach of a security agreement, replevin, unjust enrichment and conversion for failure to pay for John Deere equipment. An affidavit was attached to the complaint alleging that Lorelys and Gonzalez (deceased) were the purchasers of the equipment which was being financed, they agreed to make monthly payments to John Deere, there had been a default under the agreement, and that the equipment had been turned over to Yohan, which refused to release it to John Deere.
On January 21, 2010, John Deere obtained a default against Yohan. On March 26, 2010, John Deere moved for summary judgment against Yohan alleging that the security interest had been transferred to Yohan after the death of Gonzalez, and that the motion was being made with reliance upon the affidavit attached to the initial complaint. The trial court granted the motion for summary judgment and entered final summary judgment in favor of John Deere against Yohan in the amount of $23,051.00. On December 8, 2010, Yohan moved for relief from judgment pursuant to Florida Rule of Civil Procedure 1.540 alleging lack of notice pri- or to the entry of final summary judgment, and that Yohan never possessed the equipment. Yohan attached the supporting affidavit of Gonzalez’s daughter additionally alleging that she neither received notice prior to the entry of final summary judgment nor did she receive a copy of the order on final summary judgment. The trial court granted Yohan’s motion for relief from final judgment and John Deere appeals.
John Deere’s main point on appeal is that the trial court abused its discretion in granting the motion for relief from final judgment as the trial court incorrectly based its order on grounds of newly discovery evidence which, as John Deere argues, could have been discovered in time for a motion for new trial or rehearing. Relying on Yohan’s affidavit, which stated that it never had possession of the sought-after equipment, which was the collateral for the security agreement, the trial court granted Yohan’s motion for relief from judgment. Although the trial court based its order granting relief from final judgment on grounds of newly discovered evidence, pursuant to Florida Rule of Civil Procedure 1.540(b)(2), we need not determine if it was an abuse of discretion to do so, since we find that the factual allegations and arguments in Yohan’s motion meet the requirements for setting aside the final summary judgment based on excusable neglect and meritorious defense under Florida Rule of Civil Procedure 1.540(b)(1). Fla. R. Civ. P. 1.540(b)(1) (“[0]n motion and upon such terms as are just, the court may relieve a party ... from a final judgment, decree or order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect.”); Schuman v. Int’l *1101 Consumer Corp., 50 So.Bd 75, 77 (Fla. 4th DCA 2010) (holding that an order or judgment must be set aside where excusable neglect is shown by a litigant’s failure to receive notice of a pending hearing or trial). Therefore, we affirm the trial court’s ruling setting aside the final summary judgment as the record shows that the trial court reached the correct result but for the wrong reason. Butler v. Yusem, 44 So.3d 102, 105 (Fla.2010) (“Under the tipsy coachman doctrine, where the trial court ‘reaches the right result, but for the wrong reasons,’ an appellate court can affirm the decision only if ‘there is any theory or principle of law in the record which would support the ruling.’ ”) (emphasis omitted; citing Robertson v. State, 829 So.2d 901, 906 (Fla.2002)); Barco Holdings, LLC v. Terminal Inv. Corp., 967 So.2d 281, 295 (Fla. 3d DCA 2007) (“Our standard of review of an order ruling on a motion for relief from judgment filed under Florida Rule of Civil Procedure 1.540(b) is whether there has been an abuse of trial court’s discretion.”).1
Affirmed.
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Ashanda Finegan and Marcia Huff v. US Bank Nat'l Ass'n (Fla. 2d DCA 2023)…, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory."); John Deere Constr. & Forestry Co. v. Lorelys Elec. Corp., 69 So. 3d 1099, 1101 n.1 (Fla. 3d DCA 2011) ("Where no transcript of the hearing on the motion to set aside exists, there is a presumption that the trial court correctly ruled on the motion below." (citing Larjim Mgmt. Corp. v. Cap. Bank, 554 So. 2d 587, 588 (Fla.…
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Rymed Techs., LLC v. KIG, LLC (Fla. 3d DCA 2020)…urdue v. R.J. Reynolds Tobacco Co., 259 So. 3d 918, 921 (Fla. 2d DCA 2018) (“[C]laim that [movant] did not receive the master dismissal order is generally cognizable under rule 1.540(b)(1).”); John Deere Const. & Forestry Co. v. Lorelys Elec. Corp., 69 So. 3d 1099, 1100 (Fla. 3d DCA 2011) (affirming rule 1.540(b)(2) relief where record showed court could have granted identical relief under 1.540(b)(1)); Okeechobee Imps., Inc. v. Am. Sav. & Loan Ass’n of Fla., 558 So. 2d 506, 507 (Fla. 3d DCA 1990) (rule 1.540…
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Ryan v. KIG I, LLC (Fla. 3d DCA 2020)…urdue v. R.J. Reynolds Tobacco Co., 259 So. 3d 918, 921 (Fla. 2d DCA 2018) (“[C]laim that [movant] did not receive the master dismissal order is generally cognizable under rule 1.540(b)(1).”); John Deere Const. & Forestry Co. v. Lorelys Elec. Corp., 69 So. 3d 1099, 1100 (Fla. 3d DCA 2011) (affirming rule 1.540(b)(2) relief where record showed court could have granted identical relief under 1.540(b)(1)); Okeechobee Imps., Inc. v. Am. Sav. & Loan Ass’n of Fla., 558 So. 2d 506, 507 (Fla. 3d DCA 1990) (rule 1.540…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Swett v. State, 829 So. 2d 901 (Fla. 2002)
- Robertson v. State, 829 So. 2d 901 (Fla. 2002)
- Butler v. Yusem, 44 So. 3d 102 (Fla. 2010)
- Barco Holdings, LLC v. Terminal Inv. Corp., 967 So. 2d 281 (Fla. 3d DCA 2007)
- Larjim Mgmt. Corp. & Lawrence Gordon v. Cap. Bank, 554 So. 2d 587 (Fla. 3d DCA 1989)