STATE OF FLORIDA EX REL. ETHEL MAY COLEMAN, JOINED BY HER HUSBAND, J. C. COLEMAN
v.
ROSS WILLIAMS, AS JUDGE OF THE CIRCUIT COURT, ELEVENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR DADE COUNTY
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Florida Supreme Court held that a circuit court lacked power to vacate a final judgment nine years after its entry. The court granted mandamus to restore a default judgment in a personal injury action that had become final and was beyond the court's jurisdiction to disturb.
The Circuit Court lacked power to vacate the final judgment. The judgment was not void; it became final at the end of the term in which it was entered and was beyond the reach of the Circuit Court after that time.
“If the judgment was utterly void, it could be moved against at any time but if not void, it became final at the end of the term during which it was entered and beyond the reach of the Circuit Court.”
Establishes the foundational principle that distinguishes void judgments (which may be vacated anytime) from valid final judgments (which are beyond a court's power to modify after the term ends).
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Join FLexlaw to unlock all legal intelligenceIn 1929, petitioner filed a common law action for personal injuries against two defendants. The trial court sustained the declaration, defendants defa…
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In 1929, Petitioner instituted a common law action against B. J. Kaenig and Henry Hodges to recover damages for personal injuries. The declaration was in two counts and on demurrer was held bad as to the first count but was sustained as to the second count. Defendants failing to plead further, a default was entered against them and in June, 1931, damages were assessed by a jury in due course upon which final judgment was entered.
*515On August 2, 1940, nine years later, the Circuit Court vacated the final judgment and struck the declaration on the theory that it did not state a cause of action and being so, the judgment predicated on it was void. Alternative writ of mandamus was forthwith directed by this Court to the Circuit Court commanding him to vacate his said order of August 2, 1940, or show cause why he refused to so do.
The question of whether or not mandamus is the proper remedy, whether the Clerk of the Circuit Court had power to enter the default and whether or not the Circuit Judge had power to enter the final judgment on the verdict of the jury without placing the cause on the trial docket and giving notice is too academic to admit of discussion so we pass these questions sub silentio.
The only question we consider necessary to discuss is whether or not the Circuit Court had power to itacate the final judgment nine years after its entry.
If the judgment was utterly void, it could be moved against at any time but if not void, it became final at the end of the term during which it was entered and beyond the reach of the Circuit Court. Alabama Hotel v. Mott Iron Works, 86 Fla. 608, 98 So. 825.
We do not think the judgment in this case was void. The declaration had been upheld by the trial court and final judgment-was entered on the verdict of the jury after due notice and every opportunity the law affords was given the defendants to amend, plead, or offer their defense. They did not .appear and let the time pass in which writ of error is available to them. In such a situation, the Circuit Court was without power to vacate or amend the final judgment.
*516This being our view, it follows that the peremptory writ must be and is hereby granted.
It is so ordered.
Whitfield, Buford, Chapman, Thomas and Adams, J. J., concur.
Brown, C. J. dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Becerra v. Equity Imports, Inc., 551 So. 2d 486 (Fla. 3d DCA 1989)…ion to set aside was filed nine years later. The court reasoned that the circuit court was without powfer to vacate or amend the judgment which had become final “at the end of the term during which it was entered.” State ex rel. Coleman v. Williams, 147 Fla. 514, 515, 3 So. 2d 152, 153, (1941). Compare Falkner v. AmeriFirst Federal Sav. and Loan Ass’n, 489 So. 2d 758 (Fla. 3d DCA 1986) (a judgment entered without due service of process is void and may, on a proper motion, be vacated at any time).…
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Parish Mortg. Corp. v. Lowry W. Davis and Guion T. De Loach, 251 So. 2d 342 (Fla. 3d DCA 1971)…e court was without jurisdiction over the defendant corporation. State ex rel. Gore v. Chillingworth, 126 Fla. 645, 171 So. 649, 652. The judgment was void and subject to attack by the defendant at any time. [*344] State ex rel. Coleman v. Williams, 147 Fla. 514, 3 So. 2d 152. The attack on the judgment here was direct. Moreover, it would appear the defendant was entitled to relief from the judgment under Rule 1.540 FRCP, motion for which was timely filed, because the failure to give notice of the purported…
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Renovaship, Inc. v. Barclay Quatremain, 208 So. 3d 280 (Fla. 3d DCA 2016)…he never received the dismissal order that was entered on the day of a hearing which he chose not to attend, provides no rational basis for a conclusion that the dismissal order was void on due process grounds. See State ex rel. Coleman v. Williams, 147 Fla. 514, 3 So. 2d 152 (1941) (holding final judgment was not void where trial court entered final judgment after defendant was given due notice and opportunity to heard and defendant failed to appear at hearing and failed to seek to amend or vacate final ju…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ala. Hotel Co. v. The J. L. Mott Iron Works, 86 Fla. 608 (Fla. 1923)