UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY
v.
ALL AMERICAN BUILDERS AND DEBRIS REMOVAL, INC
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Appellant appeals a circuit court order vacating a default judgment against the Williamses on the ground that the judgment was void for lack of notice. The appellate court affirmed, holding that the appellant failed to present sufficient evidence that the Williamses received actual knowledge of the judgment in time to pursue relief.
The court affirmed the circuit court's order vacating the default judgment. A judgment is void where it violates due process guarantees of notice and an opportunity to be heard, and the appellant failed to present evidence of actual knowledge of the judgment in time for the Williamses to pursue other relief.
[1] A judgment is void and subject to vacation when the defendant and counsel do not receive actual knowledge of the judgment in time to pursue relief other than by a rule 1.…
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Join FLexlaw to unlock all legal intelligenceAn attorney appeared for the Williamses prior to the appellant's motion for default and entry of a default final judgment. The appellant did not prese…
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Appeal of a nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael A. Robinson, Judge; L.T. Case No. CACE17-018014.
Carlos Cruanes of Andreu, Palma, Lavin & Solis, PLLC, Miami, for appellant.
Morgan L. Weinstein of Twig, Trade, & Tribunal, PLLC, Fort Lauderdale, for appellees. PER CURIAM.
The appellant appeals from the circuit court’s order granting the Williamses’ motion to vacate the default judgment as being void for lack of notice. We affirm.
“Whether a judgment is void is a question of law reviewed de novo.” Vercosa v. Fields, 174 So. 3d 550, 552 (Fla. 4th DCA 2015). “[T]his court has repeatedly recognized that a judgment is also void where it violates the due process guarantees of notice and an opportunity to be heard.” Richard v. Bank of Am., N.A., 258 So. 3d 485, 488 (Fla. 4th DCA 2018).
In this case, while an attorney appeared for the Williamses prior to the appellant’s motion for default and entry of the default final judgment, the appellant has presented no evidence that the Williamses or their attorney received actual knowledge of the judgment “in time to pursue relief other than by a rule 1.540(b)(4) motion.” Id. at 489. The appellant has failed to supply transcripts of all the proceedings at which the issue was discussed. Therefore, pursuant to Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979), the record is inadequate to demonstrate reversible error and the circuit court’s order is affirmed. WARNER, GERBER and KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Vercosa v. Fields, 174 So. 3d 550 (Fla. 4th DCA 2015)
- Merlande Richard and Elie Richard v. Bank of Am., 258 So. 3d 485 (Fla. 4th DCA 2018)