RUENRUDEE ROWE DIQUOLLO, APPELLANT,
v.
TD BANK, N.A., SUCCESSOR IN INTEREST TO RIVERSIDE NATIONAL BANK OF FLORIDA, LAUNCH FEDERAL CREDIT UNION AND DAVID DIQUOLLO, APPELLEES
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The court held that the trial court erred in denying the motion to vacate the default final judgment because the appellant did not receive notice of the judgment due to an incorrect address provided by the appellee.
Appellant did not receive a copy of the default final judgment until after the appeal time had expired because the appellee provided an erroneous addr…
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The trial court rendered a default final judgment in this matter on January 11, 2016, but Appellant, Ruenrudee Rowe Diquollo, did not receive a copy of the judgment until after the appeal time had run. This occurred because Appellee, TD Bank, N.A., furnished the trial court with an erroneous address for Appellant. After Appellant became aware of the entry of the judgment, on September 23, 2016, she filed a motion to vacate pursuant to Florida Rule of Civil Procedure 1.540(b). The trial court denied the motion without a hearing.
Florida Rule of Civil Procedure 1.080(a) requires that all orders and documents filed in an action be served in conformity with Florida Rule of Judicial Administration 2.516. That rule provides that when a final judgment is entered against a party in default, the court must mail a conformed copy of it to the defaulting party at the address furnished by the party in whose favor the judgment is entered. See Fla. R. Jud. Admin. 2.516(h)(2).'
We reverse the trial court’s order denying Appellant’s motion to vacate under rule 1.540(b) and direct the trial court to enter a new final judgment. See Broward Cty. v. Eller Drive Ltd. P’ship, 873 So.2d 534 (Fla. 4th DCA 2004). We find no merit in Appellant’s remaining claim.
AFFIRMED in part; REVERSED in part; and REMANDED.
ORFINGER, TORPY and EISNAUGLE, JJ„ concur.
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Ralston E. Macdonnell and Charlene ANN Latimer-Macdonnell v. US Bank Nat'l Assoc. as Legal Title Tr. for Truman 2013 Sc4 Title Tr., 293 So. 3d 585 (Fla. 2d DCA 2020)…. This court determined that the defect in the notice for the summary judgment hearing did not render the foreclosure judgment void such that it was subject to collateral attack at any time. Id. The MacDonnells rely upon Diquollo v. TD Bank, N.A., 224 So. 3d 341 (Fla. 5th DCA 2017), but it is distinguishable. The appellate court recognized that Florida Rule of Administrative Procedure 2.516(h)(2) requires the court to mail a conformed copy of the final judgment to a defaulting party. Id. at 342. Because…
Authorities Cited
- Broward Cnty. v. Eller Drive Ltd. P'ship, 873 So. 2d 534 (Fla. 4th DCA 2004)