BRIAN A. DUPREE
v.
HSBC BANK USA, N.A., ETC.
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Brian A. Dupree appealed the trial court's denial of his motion to vacate an order denying his motion to intervene in a foreclosure action. The appellate court summarily affirmed, holding that Dupree's arguments constituted legal error on the merits, which is not a cognizable ground for relief under Florida Rule of Civil Procedure 1.540(b).
The court held that Dupree's arguments on appeal raised only legal error on the merits, which is not an enumerated ground for relief under Rule 1.540(b). Accordingly, the trial court's denial of Dupree's motion to vacate was affirmed.
[1] A motion to vacate an order under Rule 1.540(b) of the Florida Rules of Civil Procedure is limited to grounds of clerical error, mistake, inadvertence, surprise, excusabl…
[2] The contention that an order was wrong as a matter of law on the merits is not a ground for relief under Rule 1.540(b) of the Florida Rules of Civil Procedure.
Previewing 2 of 4 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“Significantly, the contention that the order was simply wrong as a matter of law on the merits is not one of the enumerated grounds for relief under rule 1.540.”
Establishes that legal error on the merits is insufficient to support a Rule 1.540(b) motion to vacate
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDupree filed a motion to intervene in a foreclosure action. The trial court denied this motion on December 12, 2022. On July 10, 2023, Dupree filed a …
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PER CURIAM. Brian A. Dupree appeals the trial court’s denial of his July 10, 2023 motion, filed under Rule 1.540(b) of the Florida Rules of Civil Procedure, to vacate a December 12, 2022 order denying his motion to intervene in this foreclosure action. Other than clerical error, the grounds for granting a motion to vacate under Rule 1.540 are limited to: (1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing;
(3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(4) that the judgment, decree, or order is void; or (5) that the judgment, decree, or order has been satisfied, released, or discharged, or a prior judgment, decree, or order upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment, decree, or order should have prospective application.
Fla. R. Civ. P. 1.540(b). “Significantly, the contention that the order was simply wrong as a matter of law on the merits is not one of the enumerated grounds for relief under rule 1.540.” Balmoral Condo. Ass'n v. Grimaldi, 107 So. 3d 1149, 1152 (Fla. 3d DCA 2013). A review of Dupree’s Initial Brief in this matter reveals he raises grounds that are, at best, legal error reviewable under a timely filed Rule 1.530 motion for rehearing or direct appeal but not cognizable under the limited grounds for relief available under Rule 1.540(b). Accordingly, we summarily affirm the order under review. See Fla. R. App. P. 9.315(a) (“After service of the initial brief … the court may summarily affirm the order to be reviewed if the court finds that no preliminary basis for reversal has been demonstrated.”). Affirmed.