ROBERT R. MENDEZ
v.
CASA FINANCIAL HOLDINGS, LLC, ETC.

Fla. 3d DCA | 2024-06-19
No. 2023-0079
2024 FL 7223 Florida District Court of Appeal, Third District (2024)

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Holding

A judgment is not void due to procedural errors, irregularities, or wrongdoing short of illegal deprivation of the opportunity to be heard, provided the court had jurisdiction and the parties were given notice and opportunity to be heard.


Headnotes

[1] Procedural errors, irregularities, and wrongdoing in court proceedings do not render a judgment void when the court is legally organized with jurisdiction of the subject…

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Key Quotes

“[W]here a court is legally organized and has jurisdiction of the subject matter and the adverse parties are given the opportunity to be heard, then errors, irregularities or wrongdoing in proceedings, short of illegal deprivation of opportunity to be heard, will not render the judgment void.”

Court citing Bank of N.Y. Mellon v. Condo. Ass'n of La Mer Ests., Inc., 175 So. 3d 282, 285 (Fla. 2015)

Facts & Procedural History

Robert R. Mendez appealed a non-final order from the Circuit Court for Miami-Dade County. The case involved CASA Financial Holdings, LLC.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Bank of N.Y. Mellon v. Condo. Ass’n of La Mer Ests., Inc., 175 So. 3d 282, 285 (Fla. 2015) (“[W]here a court is legally organized and has jurisdiction of the subject matter and the adverse parties are given the opportunity to be heard, then errors, irregularities or wrongdoing in proceedings, short of illegal deprivation of opportunity to be heard, will not render the judgment void.”) (quotation omitted); see also Fla. R. Civ. P. 1.540(b)(5) (noting that a “motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken.”).

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