HSBC BANK USA, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF RENAISSANCE HOME EQUITY TRUST 2006-1, APPELLANT,
v.
WILLIAM J. REED, TERESA K. REED, ET AL., APPELLEES
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HSBC Bank USA appealed a trial court order enforcing a mediated settlement agreement in a mortgage foreclosure case. The court quashed the order because the trial court lacked jurisdiction to enter it after issuing a final foreclosure judgment without first vacating that judgment.
The trial court lacked jurisdiction to enter the order enforcing the settlement agreement because once a final judgment has been rendered and the time for filing a petition for rehearing or motion for new trial has passed, the court loses all jurisdiction over the cause except to ensure proper entry and enforcement of the judgment. The court could not issue the post-judgment mediation order or enforce the settlement agreement without first vacating the final judgment.
[1] A trial court loses jurisdiction over a cause of action after a final judgment has been rendered and the time for filing a petition for rehearing or motion for new trial…
[2] An order enforcing a settlement agreement is invalid if entered after the trial court has lost jurisdiction over the case.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Once a final judgment has been rendered and the time for filing a petition for rehearing or motion for new trial has passed the court loses all jurisdiction over the cause other than to see that proper entry of the judgment or decree is made and the rights determined and fixed by it are properly enforced.”
Establishes the fundamental principle that trial courts lose jurisdiction after final judgment except for enforcement
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Join FLexlaw to unlock all legal intelligenceHSBC initiated a foreclosure action on December 30, 2008, against the Reeds for mortgage default. On June 9, 2010, the trial court entered a final jud…
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Appellant appeals the trial court’s Order On Motion To Enforce Settlement Agreement. Appellant contends the trial court erred in finding the Mediated Settlement Agreement (“Settlement Agreement”) enforceable and in defining its terms. Because we find that the trial court was without jurisdiction to enter the Order On Motion To Enforce Settlement Agreement, we quash the order.
*966 Facts
On December 30, 2008, Appellant initiated a foreclosure action as a result of Appellees’ default on their promissory note and mortgage. On June 7, 2010, Appellees filed a motion for mediation. Two days later, on June 9, 2010, the trial court entered a final judgment in mortgage foreclosure in favor of Appellant, which included an award of attorney’s fees and costs. At some point after the final judgment was entered, the trial court conducted a hearing on Appellees’ motion for mediation, but for reasons that have not been made clear to this court, a transcript of this hearing was not included in the record. Twenty days after the entry of the final judgment, on June 29, 2010, nunc pro tunc June 9, 2010, the trial court entered an order purportedly requiring post-judgment mediation. During the post-judgment mediation, the parties signed what is now the disputed Settlement Agreement.
Appellees filed a Motion to Enforce Settlement Agreement, asserting that the parties reached a final settlement at the mediation conference and that the proposed Modification Agreement deviated from the parties’ Settlement Agreement on a number of terms. Appellant filed a reply to Appellees’ motion, arguing that the Settlement Agreement was actually a conditional agreement pending execution of the Modification Agreement and receipt of the first payment from Appellees.
A hearing was held on Appellees’ motion. A transcript of this proceeding was not provided by either party on appeal. Pursuant to rules 9.200(a)(4) and 9.200(b)(4), Florida Rules of Appellate Procedure, the parties provided a stipulated statement of the proceedings, indicating that the court did not swear any witnesses, take any testimony, or admit any evidence into the record. The trial court’s Order On Motion To Enforce Settlement purportedly modified a number of terms of the note and mortgage.
Analysis
Although not raised by either party, the Order On Motion To Enforce Settlement, entered after entry of the final judgment, is not a valid order. “Once a final judgment has been rendered and the time for filing a petition for rehearing or motion for new trial has passed the court loses all jurisdiction over the cause other than to see that proper entry of the judgment or decree is made and the rights determined and fixed by it are properly enforced.” Seddon v. Harpster, 438 So.2d 165, 168 (Fla. 5th DCA 1983); see also Pruitt v. Brock, 437 So.2d 768, 772-773 (Fla. 1st DCA 1983) (holding that “ ‘[i]t is the established law of this state that a trial court loses jurisdiction of a case at the expiration of the time for filing a petition for rehearing ...’”) (citation omitted). Although from the record it appears that the trial court was attempting to correct the parties’ failure to attend mandatory mediation, it was without jurisdiction to issue the order requiring post-judgment mediation and the Order On Motion To Enforce Settlement Agreement, because it had not vacated the final judgment entered on June 9, 2010.
We do not address whether this order precludes relief pursuant to rule 1.540(b)(5), Florida Rules of Civil Procedure.
The trial court’s Order On Motion To Enforce Settlement Agreement is QUASHED.
ROBERTS and CLARK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Franklin v. Bank OF Am., N.A., 202 So. 3d 923 (Fla. 1st DCA 2016)…e expiration of the time for filing a petition for rehearing ... ’ ” Pruitt v. Brock, 437 So. 2d 768, 772-73 (Fla. 1st DCA 1983) quoting Mid-State Homes, Inc. v. Ritchie, 181 So. 2d 725, 727 (Fla. 1st DCA 1966); see also HSBC Bank USA, N.A. v. Reed, 76 So. 3d 965, 966 (Fla. 1st DCA 2011) (same). If no motion for rehearing is filed, and no appeal taken, then only the “third mechanism” to obtain review by the trial court of its order—a motion for relief from judgment or order, pursuant to rule 1.540, Florida R…
Authorities Cited
- Pruitt v. Brock, 437 So. 2d 768 (Fla. 1st DCA 1983)
- Seddon v. Harpster, 438 So. 2d 165 (Fla. 5th DCA 1983)