Voidable Judgment

137 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Sudhoff v. Fed. Nat'l Mortg. Ass'n
  942 So. 2d 425· Fla. 5th DCA· 2006-10-20 ·cited 14×
  Eva Sudhoff appeals the denial of her motions to intervene in and set aside a foreclosure sale of her marital home, arguing she was not named as a party and received no notice. The Fifth District Court of Appeal reversed, holding that Sudhoff was a necessary party to the foreclos
• Cohen v. Zacharia Drucker
  677 So. 2d 953· Fla. 4th DCA· 1996-07-31 ·cited 14×
  The court held that service of process on Drucker Construction of Florida, Inc. was void due to substantial non-compliance with statutory requirements, and service on Zacharia Drucker was voidable but the complaint failed to establish long-arm jurisdiction.
• Courtney v. Warner
  290 So. 2d 101· Fla. 4th DCA· 1974-02-22 ·cited 14×
  In this child support enforcement case, the Florida appellate court reversed the trial court's dismissal of a plaintiff's petition to enforce a Tennessee child support modification decree. The court held that although the defendant was a serviceman protected by the Soldiers' and
• Empire Elec. Co. v. R. J. Hunt Constr. Co., Inc.
  264 So. 2d 114· Fla. 4th DCA· 1972-06-30 ·cited 14×
  Empire Electric Co. appealed a trial court order setting aside a default judgment against R.J. Hunt Construction Co. and dissolving a garnishment against Bank of Florida. The court held that while a delinquent corporation's right to sue may be suspended under Florida law, a defau
• Hartford-Empire Co. v. Hazel-Atlas Glass Co.
  137 F.2d 764· 3d Cir.· 1943-06-30 ·cited 14×
  The court should grant rehearings to allow petitioners to prove fraud perpetrated upon the court, which affected its appellate jurisdiction and led to erroneous decrees.
• Kathleen G. Kozinski, P.A. v. Phillips
  126 So. 3d 1264· Fla. 4th DCA· 2013-11-20 ·cited 13×
  Kathleen Kozinski, a lawyer, sued her client Jill Phillips for unpaid legal fees under a fee agreement and promissory note. Over 21 months after obtaining a default judgment, Phillips moved to vacate, claiming the judgment was void due to defective service of process and failure
• Arthur v. Arthur
  543 So. 2d 349· Fla. 5th DCA· 1989-05-11 ·cited 13×
  Samuel Arthur appealed the denial of his motion to set aside a dissolution judgment for lack of personal jurisdiction and due process. The Florida appellate court affirmed, holding that the complaint contained sufficient jurisdictional allegations regarding a Florida marital domi
• Dian Lewis v. Fifth Third Mortg. Co.
  38 So. 3d 157· Fla. 3d DCA· 2010-02-10 ·cited 12×
  Dian Lewis, a Florida attorney residing in the Bahamas, appealed the trial court's denial of her motion to vacate a default judgment and final foreclosure judgment on her Miami property. The court affirmed, holding that the affidavit of diligent search was facially sufficient to
• Boileau v. Bethlehem Steel Corp.
  730 F.2d 929· 3d Cir.· 1984-03-28 ·cited 12×
  The court held that the state court's denial of a petition to strike a judgment, limited to the face of the record, did not preclude a federal diversity action on the merits, and that the district court abused its discretion in denying a motion to amend the complaint based solely
• Bank OF Am., N.A. v. Kipps Colony II Condo. Ass'n, Inc.
  201 So. 3d 670· Fla. 2d DCA· 2016-07-15 ·cited 11×
  Bank of America challenged trial court rulings denying its motions for relief from judgment in a condominium lien foreclosure action. The court reversed, holding that the foreclosure judgment was void because it purported to foreclose Bank of America's senior first mortgage, whic
• E. Shores Sales Co. v. City OF N. Miami Beach
  363 So. 2d 321· Fla.· 1978-06-01 ·cited 11×
  The Florida Supreme Court held that a city is collaterally estopped from challenging the validity of an annexation agreement after a final 1957 circuit court decree upheld the agreement, even though the decree was erroneous in allowing the city to contract away its taxing power.
• Purdue v. R. J. Reynolds Tobacco Co.
  259 So. 3d 918· Fla. 2d DCA· 2018-11-14 ·cited 10×
  A party alleging that a dismissal order was entered without notice and an opportunity to be heard states a colorable entitlement to relief under Rule 1.540(b)(4) requiring an evidentiary hearing, despite the motion being filed outside the one-year period of Rule 1.540(b)(1), when
• Everhome Mortg. Co. v. Janssen
  100 So. 3d 1239· Fla. 2d DCA· 2012-11-14 ·cited 10×
  Everhome Mortgage Company appealed a trial court order that vacated its foreclosure judgment against the Janssens, finding Everhome lacked standing because it was not the holder of the mortgage when it filed suit. The appellate court reversed, holding that possession of the note
• Godsell v. United Guar. Residential Ins.
  923 So. 2d 1209· Fla. 5th DCA· 2006-03-17 ·cited 10×
  Mary Godsell challenges a foreclosure judgment entered against her after service by publication when the mortgagee failed to make adequate diligent search efforts to locate her Canadian address. The Fifth District Court of Appeal reversed the lower court's denial of her motion to
• Collins v. Mitchell
  5 Fla. 364· Fla.· 1853-01-01 ·cited 10×
  This case involves a surety on a replevin bond who sought to avoid liability by alleging the death of a principal obligor prior to the attachment suit. The Florida Supreme Court held the surety was estopped by the replevin bond from denying the principal's existence and ability t
• Lamoise Grp., LLC v. The Edgewater S. Beach Condo. Ass'n, Inc.
  278 So. 3d 796· Fla. 3d DCA· 2019-08-14 ·cited 9×
  The appellate court reversed a lower court's denial of a motion to vacate a dismissal order. The court found that the dismissal of Lamoise Group's crossclaim, without notice or an opportunity to be heard, violated due process and rendered the dismissal order void. This ruling all
• Greenwich Ass'n, Inc. v. Greenwich Apts., Inc.
  979 So. 2d 1116· Fla. 3d DCA· 2008-04-09 ·cited 9×
  Greenwich Association, Inc. appealed the dismissal of its lawsuit seeking reformation or cancellation of a 2001 settlement agreement that had been incorporated into a final court judgment. The court affirmed the dismissal, holding that the 2001 judgment was voidable (not void) an
• Reina v. Barnett Bank, N.A.
  766 So. 2d 290· Fla. 4th DCA· 2000-02-16 ·cited 9×
  Enrique Reina appeals a foreclosure judgment entered against him after the bank used constructive service of process. The court affirmed the judgment, holding that while the bank's diligent search efforts may have been incomplete, the service was not so defective as to be void, a
• Ferrell v. Cyrus Reed
  60 Fla. 62· Fla.· 1910-06-01 ·cited 9×
  In this ejectment action, the Florida Supreme Court affirmed the exclusion of a sheriff's deed based on a judgment rendered by a county judge. The court held that a county judge lacks jurisdiction to render judgments creating liens on real estate, and that such judgments cannot s
• Dev D. Dabas and Sumedha Dabas v. Boston Invs. Grp., Inc.
  231 So. 3d 542· Fla. 3d DCA· 2017-08-02 ·cited 8×
  The Dabases, as lenders who foreclosed on property and obtained a deficiency judgment, appealed the trial court's order setting aside the deficiency judgment as void under Florida Rule of Civil Procedure 1.540(b)(4). The Third District reversed, holding that the deficiency judgme
• Twylah Adams v. Est. OF Thomas Dean Henderson, Sr.
  155 So. 3d 485· Fla. 4th DCA· 2015-01-21 ·cited 8×
  The court held that a trial court lacks authority to grant relief on a second motion for relief from judgment when the grounds were already decided in a prior order denying the first motion, even if the judgment is voidable.
• Wright v. Lewis
  870 So. 2d 179· Fla. 4th DCA· 2004-02-18 ·cited 8×
  The court held that the trial court erred in concluding it lacked jurisdiction to grant restitution and that the father is entitled to restitution from the grandmother for fees and costs not passed to her counsel.
• Yale v. Nat'l Indem. Co.
  602 F.2d 642· 4th Cir.· 1979-07-11 ·cited 8×
  A state court judgment, even if entered with procedural irregularities, is not subject to collateral attack as void if the rendering court had personal and subject matter jurisdiction, and the irregularities are merely voidable.
• Miller v. United States
  134 F.2d 485· 5th Cir.· 1943-03-25 ·cited 8×
  The court held that the District Court lacked jurisdiction to hear the defendant's untimely motion for a new trial, and the judgment and sentence were neither void nor voidable.
• Specialty Solutions, Inc. v. Baxter Gypsum & Concrete, LLC
  45 Fla. L. Weekly D1219· Fla. 5th DCA· 2021-06-16 ·cited 6×
  This case addresses whether a final summary judgment awarding unliquidated damages against a defaulted defendant is void as a matter of law. The Fifth District Court of Appeal held that such a judgment is not automatically void when the defaulted defendant receives proper notice
• Regions Bank v. BIG Bend Inv. Grp. of Fla., LLC
  311 So. 3d 181· Fla. 2d DCA· 2020-07-24 ·cited 6×
  This case involves a bank's attempt to collect on a loan. After years of litigation, the guarantors sought to vacate a final judgment, arguing they were denied due process. The appellate court reversed the lower court's decision to vacate the judgment, finding that the judgment w
• Schmidt v. Liza Nipper
  287 So. 3d 1289· Fla. 1st DCA· 2020-01-21 ·cited 6×
  The appellate court affirmed the trial court's denial of a motion to vacate a paternity judgment. The court found the motion was untimely and that the appellant's due process rights were not violated, nor were there new circumstances justifying relief.
• Cornelius v. Holzman
  193 So. 3d 1029· Fla. 4th DCA· 2016-06-08 ·cited 6×
  A lender in a mortgage foreclosure case sought to amend a final judgment to correct an erroneous legal description in the property description (changing "Southeast" to "Southwest"). The trial court granted the amendment under Rule 1.540(a) as a clerical error, but the appellate c
• Torres v. ONE Stop Maint. & Mgmt., Inc.
  178 So. 3d 86· Fla. 4th DCA· 2015-10-21 ·cited 6×
  The Fourth District Court of Appeal reversed the trial court's denial of defendants' motion to vacate a final judgment for unliquidated damages. The court held that the final judgment was void because the defendants were denied due process when they did not receive timely notice
• Saundra D. Jones-Bishop v. Est. OF Catherine B. Sweeney
  27 So. 3d 176· Fla. 5th DCA· 2010-02-05 ·cited 6×
  Saundra Jones-Bishop appealed a trial court order that set aside a summary administration order and made a determination of beneficiaries in her grandmother's estate. The appellate court reversed, holding that the summary administration order was voidable rather than void, and th
• State v. D.A.G.
  995 So. 2d 601· Fla. 1st DCA· 2008-11-17 ·cited 6×
  The State appealed a trial court's order vacating a juvenile delinquency disposition order entered over eight years prior. The appellate court reversed, holding that the disposition order was voidable rather than void, and therefore the motion to vacate was untimely under the one
• Floyd v. Fed. Nat'l Mortg. Ass'n
  704 So. 2d 1110· Fla. 5th DCA· 1998-01-09 ·cited 6×
  Strict compliance with constructive service of process statutes is required. When a mortgagee knows that a person is receiving mail at the mortgaged property and has knowledge of the mortgage default, failing to contact that person to inquire about the property owner and heirs co
• Allbritton v. Lamont Stahlman
  683 So. 2d 536· Fla. 2d DCA· 1996-09-11 ·cited 6×
  Allbritton appeals the denial of her motion to set aside a final judgment entered against her. The court reversed, holding that the judgment was void for lack of personal jurisdiction because Allbritton was never served with process and did not authorize the attorney who purporte
• Combustion Eng'g v. Cote
  505 So. 2d 533· Fla. 1st DCA· 1987-04-01 ·cited 6×
  The court held that an attorney's fee award contingent on future events or pending appeals is improper and must be vacated if the contingency does not occur or the basis for the award is extinguished.
• In re Winters v. Winters
  586 F.2d 1363· 10th Cir.· 1978-11-09 ·cited 6×
  The Tenth Circuit held that the state court judgment was not void and affirmed the district court's decision to remand the non-dischargeability issue for an evidentiary hearing.
• Scott v. United States
  190 F.2d 134· 5th Cir.· 1951-06-25 ·cited 6×
  The court held that the motion to set aside the default judgment was properly denied because the service of process complied with Mississippi statutes, and even if Catherine Scott was incompetent, the judgment was voidable, not void, and no meritorious defense was shown.
• Dickinson v. Raichl
  120 Fla. 907· Fla.· 1935-09-23 ·cited 6×
  The Florida Supreme Court affirmed dismissal of a chancery suit seeking to void a common law judgment on grounds that the trial judge was disqualified because he had previously represented the defendants in the transactions underlying the dispute. The court held that such disqual
• Lidia E. Contreras v. Mendez
  194 So. 3d 396· Fla. 3d DCA· 2016-03-30 ·cited 5×
  Contreras appeals the vacation of a 2013 judgment that granted rescission of a quitclaim deed and transferred the defendant's property interest to her. The trial court vacated the judgment two years later on Mendez's motion under Florida Rule of Civil Procedure 1.540(b), but the
• Vitaly Alekseyev and Irina Alekseyev v. U.S. Bank Nat'l Ass'n
  189 So. 3d 935· Fla. 4th DCA· 2016-03-23 ·cited 5×
  Appellants challenged a foreclosure judgment on the grounds that the original plaintiff lacked standing. The trial court vacated the 2010 final judgment nearly two years after entry and allowed the case to proceed to trial with a substitute plaintiff, resulting in a new foreclosu
• Ex parte Aulday
  113 Fla. 70· Fla.· 1933-11-28 ·cited 5×
  Harry Aulday petitioned for habeas corpus relief, claiming the trial judge was disqualified due to prejudice after the judge refused to recuse himself when challenged under Florida law. The Florida Supreme Court held that habeas corpus is not the proper remedy to challenge a tria
• Metro. Mortg. Co. of Miami v. Ivor H. Rose
  353 So. 3d 1230· Fla. 3d DCA· 2022-12-14 ·cited 4×
  The appellate court reversed a trial court's denial of a motion to vacate a dismissal for failure to prosecute. The court found the dismissal was void because the appellant and its counsel did not receive notice, violating due process, and thus the trial court was obligated to va
• Avael v. Sarina Sechrist
  305 So. 3d 593· Fla. 3d DCA· 2020-04-22 ·cited 4×
  The appellate court affirmed the trial court's denial of a motion to vacate a final judgment enforcing a settlement agreement. The appellant had signed the agreement, which included a waiver of service, and later sought to vacate the judgment entered against him, arguing he was n
• 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· 2020-04-01 ·cited 4×
  The appellate court affirmed a lower court's denial of a motion to set aside a foreclosure judgment but reversed and remanded regarding unliquidated damages. The court held that while the MacDonnells were not entitled to set aside the judgment due to lack of notice on unliquidate
• Demir v. Schollmeier
  273 So. 3d 59· Fla. 3d DCA· 2018-11-28 ·cited 4×
  Tugend Demir appeals from a denial of his motion to vacate a default judgment of $490,551.52. The appellate court agreed with Demir that the trial court lacked personal jurisdiction over him because the plaintiff attempted constructive service by publication under Florida statute
• Miami Beverly LLC v. City OF Miami
  225 So. 3d 989· Fla. 3d DCA· 2017-09-06 ·cited 4×
  Miami Beverly LLC and related entities appealed a final monetary judgment of over $3.1 million awarded to the City of Miami for code enforcement violations. The appellants challenged the judgment as void, arguing the damages were unliquidated and required an evidentiary hearing,
• Sewell v. Colee
  132 So. 3d 1186· Fla. 3d DCA· 2014-01-22 ·cited 4×
  The trial court had jurisdiction to consider a renewed motion to vacate a default judgment, and the appellate court erred in affirming its denial.
• Cannella v. Auto-Owners Ins. Co.
  801 So. 2d 94· Fla.· 2001-11-15 ·cited 4×
  The Florida Supreme Court reversed the Second District Court of Appeal and held that service of process on a dissolved corporation's registered agent, when that agent is the only person listed in state corporate records, provides actual notice and constitutes valid service even i
• United States ex rel. Donald Somerville v. State OF Ill.
  429 F.2d 1335· 7th Cir.· 1970-05-14 ·cited 4×
  The court held that jeopardy attached when the jury was impaneled, and a subsequent dismissal by the government barred retrial.
• Gulf Coast W. Oil Co. v. Trapp
  174 F.2d 339· 10th Cir.· 1949-04-28 ·cited 4×
  The court held that the plaintiff's claim was barred by the statute of limitations because they failed to prove the fraud was discovered within the statutory period.
• Sutton v. Bank of Mulberry
  83 Fla. 4· Fla.· 1922-01-16 ·cited 4×
  This case concerns whether a judgment from a county court, which exceeded its jurisdictional limit, is void and can be collaterally attacked. The appellate court found that the judgment was not clearly void and that the complainants were barred by laches and failure to pursue pro