FNS4, LLC, APPELLANT,
v.
SECURITY BANK, N.A., APPELLEE
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FNS4, LLC appeals a trial court order that set aside a foreclosure judgment and sale obtained by Security Bank. The court reverses because the bank's motion to set aside the judgment was untimely under Florida Rule of Civil Procedure 1.540(b), which requires such motions to be filed within one year of the judgment.
The court holds that the motion to set aside the judgment was untimely because it was filed more than one year after entry, exceeding the one-year deadline under Florida Rule of Civil Procedure 1.540(b). The trial court therefore lacked jurisdiction to grant relief, and the order setting aside the judgment is reversed without prejudice to the bank filing a separate action to reforeclose on its mortgage.
[1] A trial court loses jurisdiction to grant relief from a judgment under Florida Rule of Civil Procedure 1.540(b) for mistake, inadvertence, surprise, or excusable neglect…
[2] A motion to set aside a final judgment of foreclosure filed more than one year after the judgment was entered is untimely.
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“Rule 1.540(b) states that a motion for relief from judgment for "mistake, inadvertence, surprise, or excusable neglect" must be filed "not more than 1 year after the judgment ... was entered or taken."”
Establishes the controlling procedural rule that required the bank's motion to be timely filed
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Join FLexlaw to unlock all legal intelligenceMatthew Valencia owned a condominium secured by a mortgage assigned to Security Bank, N.A. When Valencia stopped paying the mortgage and association f…
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FNS4, LLC appeals an order setting aside a foreclosure judgment and sale. Because the motion to set aside the judgment was untimely, we reverse.
Matthew Valencia owned a condominium at Mark Yacht Club on Brickell Bay. The property secured a mortgage assigned to Security Bank, N.A. In late 2008, the homeowner stopped paying the mortgage and the association fees on the condominium. The bank and the association filed separate actions to foreclose on their liens. Both excluded the other as a defendant in their action. The resulting judgments did not provide for the other’s interest in the property. The bank obtained a final judgment in the amount of $222,333.17 and purchased title to the property at the foreclosure sale in its action. Thereafter, the association received a final judgment for $19,411.24 in its action, and FNS4, LLC purchased the property for the judgment amount.
Fourteen months after obtaining its judgment, the bank moved to set aside the final judgment of foreclosure. Although not cited, we know of no other authority for setting aside a final judgment after ten days other than under Florida Rule of Civil Procedure 1.540(b). The bank also requested leave to amend its foreclosure complaint to include the association. In this appeal, FNS4, LLC seeks review of the order granting the requested relief.
Rule 1.540(b) states that a motion for relief from judgment for “mistake, inadvertence, surprise, or excusable neglect” must be filed “not more than 1 year after the judgment ... was entered or taken.” After the one year, the trial court loses jurisdiction to amend the judgment. See, e.g., Pure H2O Biotechnologies, Inc. v. Mazziotti, 937 So.2d 242, 246 (Fla. 4th DCA 2006); Mocegui v. Pub. Serv. Mut. Ins. Co., 821 So.2d 1189, 1191-92 (Fla. 3d *216DCA 2002). Here, the motion to set aside the judgment was filed over one year after it was entered. Thus, the motion was untimely, and should have been denied.
Accordingly, we reverse the motion setting aside the final judgment, without prejudice to the bank filing a separate action to reforeclose on its mortgage. See Quinn Plumbing Co. v. New Miami Shores Corp., 129 So. 690 (Fla.1930); Mid-State Inv. Corp. v. Fort Walton Land Dev. Co., 145 So.2d 289 (Fla. 1st DCA 1962).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Alec Ross v. Wells Fargo Bank, 114 So. 3d 256 (Fla. 3d DCA 2013)…y be raised at any time); accord Jared v. Jackson, 483 So. 2d 51 (Fla. 4th DCA 1986). .Our decision is without prejudice to Wells Fargo filing a separate foreclosure action against the previously-omitted defendant. FNS4, LLC v. Security Bank, N.A., 88 So. 3d 215 (Fla. 3d DCA 2011); Abdoney v. York, 903 So. 2d 981 (Fla. 2d DCA 2005).…
Authorities Cited
- Lucky Nation, LLC v. Al-Maghazchi (Fla. 4th DCA 2020)
- Pure H20 Biotechnologies, Inc. v. Mazziotti, 937 So. 2d 242 (Fla. 4th DCA 2006)
- Mocegui v. Pub. Serv. Mut. Ins. Co., 821 So. 2d 1189 (Fla. 3d DCA 2002)
- Mid-State Inv. Corp. v. Fort Walton Land Dev. Co., 145 So. 2d 289 (Fla. 1st DCA 1962)