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2026 WL 758289·
Fla. 4th DCA·
2026-03-18
·cited 3×
Davos Francois appealed an order denying his motion to vacate a default final judgment, arguing lack of standing. The Fourth District Court of Appeal affirmed, holding that lack of standing cannot be raised for the first time in a Rule 1.540(b) motion and that judgments entered d
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256 So. 3d 885·
Fla. 4th DCA·
2018-09-26
·cited 3×
A trial court does not abuse its discretion in denying a motion to vacate a final foreclosure judgment containing scrivener's errors in the legal description when those errors first occurred at the time of judgment entry rather than prior to it, as such errors may be more properl
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600 So. 2d 506·
Fla. 3d DCA·
1992-06-09
·cited 3×
Parents of a minor plaintiff in a medical malpractice action sought to vacate a settlement and voluntary dismissal, arguing the settlement was void because no guardian ad litem was appointed for the minor before court approval. The Florida appellate court affirmed the settlement,
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302 So. 3d 990·
Fla. 3d DCA·
2020-08-12
·cited 2×
The appellate court affirmed the denial of a motion to set aside a foreclosure judgment. The appellant argued the judgment was void because the plaintiff bank was never formally substituted into the lawsuit, but the court found the appellant received due process and the judgment
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276 So. 3d 486·
Fla. 1st DCA·
2019-07-22
·cited 2×
The Bank of New York Mellon appealed the trial court's denial of its motion to vacate a foreclosure judgment entered by One Seagrove Place Owners Association. The Bank argued the judgment was void due to lack of personal jurisdiction based on improper service of process. The appe
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274 So. 3d 426·
Fla. 3d DCA·
2019-04-24
·cited 2×
A default judgment is not void when the defendants received proper notice and service of the complaint and all subsequent proceedings, even if they failed to respond. A motion to set aside a default judgment filed more than one year after entry is untimely and cannot be granted u
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98 So. 3d 1217·
Fla. 3d DCA·
2012-09-27
·cited 2×
The Third District Court of Appeal reversed a trial court's denial of a surety company's motion to vacate a bail forfeiture judgment, holding that the Clerk of Court lacked statutory authority to enter final judgment because mandatory statutory prerequisites under Florida law had
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818 So. 2d 695·
Fla. 5th DCA·
2002-06-14
·cited 2×
The court held that a misspelling of a defendant's name does not invalidate service if the defendant received actual notice and ignored the summons.
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793 So. 2d 907·
Fla.·
2001-08-30
·cited 2×
The Florida Supreme Court held that a juvenile may not be punished by both criminal contempt and for violation of community control based on the same underlying conduct, resolving a conflict between district courts and establishing that double jeopardy principles bar successive p
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760 So. 2d 162·
Fla. 2d DCA·
2000-03-17
·cited 2×
The juvenile division lacked divisional authority jurisdiction to enforce a juvenile sanction that had been imposed in a felony proceeding in adult court, and therefore the juvenile court's contempt judgment and sanctions were void; the constitutional double jeopardy prohibition
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334 So. 2d 650·
Fla. 3d DCA·
1976-05-26
·cited 2×
Agnes Laird appealed a summary judgment dismissing her fraud and malicious prosecution claims against Charlotte Vogel and Herman Cohen arising from a tax deed sale and subsequent unlawful detainer proceeding. The court affirmed, holding that defendants were protected by acting un
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509 F.2d 1058·
6th Cir.·
1975-01-23
·cited 2×
The court held that the bankrupt's failure to timely file a petition for review or a motion for extension under Section 39(c) of the Bankruptcy Act rendered the referee's order final, and the bankruptcy court had jurisdiction to enter the judgment.
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163 F.2d 183·
10th Cir.·
1947-07-28
·cited 2×
The denial of the motion to remand was not an error requiring reversal because the removal of the case by a minor defendant without a guardian ad litem was a curable irregularity, not a jurisdictional defect.
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260 So. 3d 313·
Fla. 4th DCA·
2018-11-28
·cited 1×
The Homeowners appealed a nonfinal order denying their motion to vacate a foreclosure judgment and quash constructive service of process. The Association foreclosed on a lien for unpaid assessments but failed to properly exercise due diligence in locating the Homeowners before re
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Fla. 6th DCA·
2026-04-02
A default judgment awarding unliquidated damages is void when entered without notice to the defendant and opportunity to be heard, even though a default admits all well-pleaded allegations of liquidated damages. The trial court erred in awarding damages for an alleged insurance p
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M.D. Fla.·
2025-01-30
The court held that Defendants engaged in debt collection activity, are debt collectors, and violated the Fair Debt Collection Practices Act (FDCPA) by using deceptive means to collect a debt, entitling Plaintiff to summary judgment on liability.
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Fla. 3d DCA·
2024-07-17
The trial court's order is affirmed.
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Fla. 3d DCA·
2022-12-14
Metropolitan Mortgage Company challenged a dismissal order entered without notice to its counsel, arguing the dismissal was void for violation of due process. The court held that when a party presents uncontroverted evidence of non-receipt of notice through sworn testimony and co
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Fla. 2d DCA·
2022-04-13
The appellate court reversed a trial court's order vacating a default judgment, finding that the judgment was voidable, not void. The defendant waited over seven years to challenge the judgment, which exceeded the time limit for voidable judgments.
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M.D. Fla.·
2021-12-20
Summary judgment is granted for the defendant because the plaintiff failed to establish a prima facie case for negligence and unjust enrichment, and the defendant's reliance on a state court judgment provided a defense.
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M.D. Fla.·
2021-03-01
The court held that service of process was defective, thus removal was timely and the motion to quash service should be granted.
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Fla. 1st DCA·
2020-08-17
The appellate court affirmed a lower court's denial of a motion to vacate an injunction. The appellant argued the original injunction was void due to improper service of process as a minor, but the court found the defects were waivable and the injunction was superseded, rendering
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15th Cir. Ct. App. Div.·
2020-06-29
Excel Property Management Services, LLC appeals a default judgment entered against it for $15,470 after it was improperly added as a third-party defendant without leave of court. The appellate court reversed the judgment, holding that the trial court erred in entertaining the thi
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Fla. 3d DCA·
2020-05-27
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306 So. 3d 164·
Fla. 3d DCA·
2020-05-27
The appellate court reversed a trial court's order granting a mother's motion for relief from a final judgment and parenting plan. The court found the mother failed to comply with procedural rules for seeking relief from judgments, as the alleged errors in the original orders wer
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Fla. 3d DCA·
2020-04-22
The appellate court affirmed a lower court's denial of a motion to vacate a settlement agreement and final judgment. The appellant had signed the settlement agreement, which included a waiver of service of process, and later sought to vacate the judgment enforcing it, arguing he
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270 So. 3d 406·
Fla. 4th DCA·
2019-04-03
The Office of the Attorney General sued Nationwide Pools for deceptive trade practices and credit card surcharges, obtaining consent judgments against the defendants. Seventeen months later, defendants moved to vacate the judgments arguing due process violations based on ex parte
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82 So. 3d 976·
Fla. 4th DCA·
2011-08-10
The court held that the affidavit of diligent search and inquiry was insufficient to support constructive service of process because the search efforts were not reasonably diligent.
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9th Cir. Ct. App. Div.·
2009-03-05
Appellants Cleveland and Sybil Davis appeal a default judgment for breach of contract and the subsequent garnishment judgment entered against them by De Albany Construction Company. The court affirmed the trial court's judgment, holding that although the garnishment judgment was
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916 So. 2d 50·
Fla. 3d DCA·
2005-12-07
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704 So. 2d 694·
Fla. 4th DCA·
1997-12-31
Southeast and Associates appeals from an order setting aside a foreclosure sale of the Loves' property. The court held that where an affidavit of diligent search and inquiry complies with statutory requirements on its face and the process server conducted a reasonably thorough se
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601 So. 2d 1237·
Fla. 4th DCA·
1992-06-17
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443 So. 2d 273·
Fla. 3d DCA·
1983-12-20
The Nigerian Air Force sought relief from a default judgment entered in a breach of contract action filed by James Van Hise in Florida courts. The appellate court reversed the judgment, holding that the court lacked subject matter jurisdiction over the foreign sovereign because t
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412 So. 2d 461·
Fla. 2d DCA·
1982-04-14
Linda Swartz appeals a trial court order setting aside a final divorce judgment and granting a new hearing. The court reversed, holding that the former husband, a serviceman, failed to demonstrate prejudice from military service under the Soldiers' and Sailors' Civil Relief Act b
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372 So. 2d 538·
Fla. 4th DCA·
1979-06-29
The appellate court reversed a contempt order and paternity judgment because the trial court failed to appoint a guardian ad litem for the minor, as required by rule. This procedural defect rendered the original judgment voidable.
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185 So. 2d 760·
Fla. 1st DCA·
1966-04-28
Homebuyers appealed a judgment dismissing their breach of warranty claim against a property seller, arguing an outstanding mineral right constituted a defect in title. The court affirmed, holding that a 1952 quiet title suit in which the mineral rights holder was made a party def
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169 F.2d 689·
7th Cir.·
1948-07-23
The court held that the Logan County Court had jurisdiction over the subject matter and necessary parties in the proceeding to sell the decedent's real estate, and any errors in its decree after the death of a party without substitution were voidable, not void, and could not be a