JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, APPELLANT,
v.
RALPH F. JURNEY AND CONNIE L. JURNEY A/K/A CONNIE JURNEY, HUSBAND AND WIFE; BANK OF AMERICA, NATIONAL ASSOCIATION; UNIVERSITY PLACE NEIGHBORHOOD ASSOCIATION, INC.; UNKNOWN PARTIES IN POSSESSION # 1; UNKNOWN PARTIES IN POSSESSION # 2; IF LIVING, AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER AND AGAINST THE ABOVE NAMED DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSE, HEIRS, DEVISES, GUARANTEES, OR OTHER CLAIMANTS, APPELLEES
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The court held that the trial court abused its discretion by sanctioning the plaintiff without notice or opportunity to be heard for an understandable misunderstanding of a rule amendment's effective date.
[1] A trial court abuses its discretion by imposing sanctions without providing the offending party notice and an opportunity to be heard.
[2] An honest mistake or misunderstanding of a rule's effective date, particularly when the rule's effective date is subject to interpretation, does not warrant a sua sponte…
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Join FLexlaw to unlock all legal intelligenceJP Morgan filed a foreclosure complaint that was partially verified. The trial court sua sponte dismissed the action as a sanction for failing to comp…
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The plaintiff, JP Morgan Chase Bank, National Association (JP Morgan), appeals a final order sua sponte dismissing JP Morgan’s foreclosure action against the defendants, Ralph and Connie Jurney (the Jurneys). The order of dismissal prohibits JP Morgan from amending its complaint in this action, but permits JP Morgan to refile a new foreclosure action. The trial court entered this dismissal as a “sanction” because it concluded that JP Morgan failed to comply with an amendment to Florida *1183Rule of Civil Procedure 1.110(b) that requires mortgage foreclosure complaints to be verified. It did not give JP Morgan notice of its intention to sanction the bank or any opportunity to explain why a sanction should not be imposed. We reverse.
Although the trial court appears to have been correct that the new amendment applied to this complaint, JP Morgan had a reasonable explanation as to why it believed the amendment did not apply, which the trial court never allowed the bank to present. This case does not involve a willful violation of the rules of procedure and, at worst, involves a misunderstanding of the effect of a motion for rehearing in an appellate proceeding. The trial court abused its discretion by sanctioning JP Morgan for an error of law that was no more than an honest mistake.
On February 11, 2010, the Florida Supreme Court issued an opinion amending Florida Rule of Civil Procedure 1.110(b) to require foreclosure complaints to be verified. See In re Amendments to the Fla. R. Civ. R, 44 So.3d 555 (Fla.2010)1; Although rule changes are usually issued in opinions that provide ample notice of the precise date and even the exact minute when the amendment will become effective,2 the court’s opinion declared that “[t]he amendments shall become effective immediately upon the release of this opinion.” 3 It also contained the standard caveat that the opinion would not be final “until time expires to file rehearing motion, and if filed, determined.”
On February 26, 2010, one of the law firms representing JP Morgan on appeal in this case filed a timely motion for rehearing in the supreme court’s rule proceeding.4 The supreme court denied the motion, but issued a revised opinion on June 3, 2010.5 In re Amendments to the *1184 Fla. R. Civ. P., 44 So.3d 555. The revised opinion also stated that the amendments were effective immediately upon “release” of the opinion.
We note that in issuing this revised opinion, the supreme court used a procedure that can confuse even experienced appellate attorneys. Even though the opinion issued in June differs from the opinion originally issued in February, it continues to bear the date of the original opinion, indicating only that it was “revised on rehearing.” In this case, the revised opinion does not alter the amendment to the rule. But this opinion would seem to have been “released” twice on different dates while bearing only the initial date of issuance.
On March 24, 2010, while the motion for rehearing was pending in In re Amendments to the Florida Rules of Civil Procedure, JP Morgan filed a partially verified complaint seeking to foreclose the Jurneys’ mortgage. On May 18, 2010, the trial court sua sponte dismissed the complaint on the ground that the complaint had not been verified in compliance with Florida Rule of Civil Procedure 1.110(b) as amended by the supreme court on February 11, 2010. From our record it is unclear whether the trial court realized that the supreme court’s decision was pending on rehearing at the time that it sanctioned JP Morgan.
Ordinarily; the filing of a timely and authorized motion for rehearing stays the “rendition” of an order. See Fla. R.App.P. 9.020(i). However, in this case, the February 11, 2010, amendment order stated that the amendments were effective immediately “upon release of this opinion.” The term “release” is not defined in the Florida Rules of Appellate Procedure.
It is the understanding of this court that, in this context, the supreme court intends rules to become effective on the issuance of the original opinion and to remain effective during any period in which a motion for rehearing can be filed or is pending. We are not aware of any case that actually so holds.
In this case, the attorney representing JP Morgan had a reasonable belief that the amendments were not applicable until the supreme court released its final opinion. JP Morgan may have misunderstood the effective date of the amendments in this context, but that misunderstanding was itself understandable. Given that there is nothing in this record to suggest that JP Morgan intentionally or even carelessly failed to follow the new procedure, and given that the trial court sanctioned JP Morgan without any notice or opportunity to be heard, we reverse this order and remand with instructions that JP Morgan be granted leave to amend the complaint.
Reversed and remanded.
SILBERMAN, C.J., and WALLACE, J., Concur.
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Donado v. Pennymac Corp., 174 So. 3d 1041 (Fla. 4th DCA 2015)…e amendment was to “become effective immediately upon the release of this opinion,” on February 11, 2010. Id. at 559. After this opinion initially was released, the court issued a revised opinion on June 3, 2010. See JP Morgan Chase Bank v. Jurney, 86 So. 3d 1182, 1183-84 (Fla. 2d DCA 2012) (explaining the events following the initial February 11, 2010 publication of In re Amendments to the Florida Rules of Civil Procedure). This modified opinion also was dated February 11, 2010, and stated that the amendmen…
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Ocean Bank v. Garcia-Villalta, 141 So. 3d 256 (Fla. 3d DCA 2014)…sing the action without prejudice to refile because the record demonstrates that Ocean Bank’s trial counsel’s failure to timely serve Garcia-Villalta with the Uniform Order was nothing more than “an honest error.” See JP Morgan Chase Bank v. Jurney, 86 So. 3d 1182, 1182-84 (Fla. 2d DCA 2012) (holding that the trial court abused its discretion by dismissing the bank’s foreclosure action and allowing the bank to refile a new foreclosure action because the bank’s failure to timely file an amended complaint that…
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Wells Fargo Bank v. Chatham, 114 So. 3d 1062 (Fla. 1st DCA 2013)…n. . This requirement took effect on February 11, 2010, two weeks before the complaint was filed in this case, even though the Florida Supreme Court opinion adopting the requirement was not final until June 2010. See JP Morgan Chase Bank v. Jurney, 86 So. 3d 1182, 1184 (Fla. 2d DCA 2012). . We use the date of service (4 days after the deadline set by the trial court) rather than the date of filing (10 days after the deadline) when referring to the tardiness of the amended complaint because the January 26, 2…
Authorities Cited
- In re Amendments TO THE Fla. Rules OF Civil Procedure. In re Amendments to The Fla. Rules of Civil Procedure-Form 1.996 (Final Judgment of Foreclosure), 44 So. 3d 555 (Fla. 2010)
- In re Amendments to the Florida Rules of Appellate Procedure, 84 So. 3d 192 (Fla. 2011)
- In re Amendments TO the Rules Regulating THE Fla. Bar-10-9.1 (Procedures for Issuance of Advisory Opinions on the Unlicensed Practice of Law), 82 So. 3d 66 (Fla. 2012)
- In re Amendments TO Fla. Rule OF Crim. Procedure 3.992(A)-Criminal Punishment Code Scoresheet, 73 So. 3d 202 (Fla. 2011)
- In re Amendments TO Fla. Rule OF Civil Procedure 1.720, 75 So. 3d 264 (Fla. 2011)
- In re Amendments to Fla. Supreme Court Approved Fam. Law Forms, 84 So. 3d 274 (Fla. 2012)