De La Osa v. Wells Fargo Bank, N.A.
District Court of Appeal of Florida
1Opinion of the Court
On Motion for Rehearing En Banc
LOGUE, J.
The final order underlying this appeal dismissed a case because the Plaintiff failed to appear for trial. The Plaintiff, however, was given no notice to appear for trial and no copy of the dismissal order. Although labeled “without prejudice,” the order is final and uncontestably void. The trial court set aside this void final order pursuant to Florida Rule of Civil Procedure 1.540(b)(4), which authorizes a court to relieve a party from a void “judgment or decree.” The Defendant appealed arguing that Rule 1.540(b)(4) applies only to a void “judgment or…
Also in this document: Concurrence · Rothenberg; Concurrence · Lagoa.
2Cases cited20 opinions
- Francisco v. Victoria Marine ShippingDistrict Court of Appeal of Florida · 1986
- Falkner v. AMERIFIRST FEDERAL SAV. AND LOANDistrict Court of Appeal of Florida · 1986
- Capone v. Philip Morris USA, Inc.Supreme Court of Florida · 2013
- In Re Arnett (Richard)Court of Appeals for the Sixth Circuit · 1988
- Garcia v. StewartDistrict Court of Appeal of Florida · 2005
15 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Gonzalez v. Citizens Property Ins. Corp.District Court of Appeal of Florida · 2019
- Coral Gables Imports, Inc. v. SuarezDistrict Court of Appeal of Florida · 2017
- Renovaship, Inc. v. QuatremainDistrict Court of Appeal of Florida · 2016
- Earl Raymond Campos v. Joana CamposDistrict Court of Appeal of Florida · 2017
- Libman v. Florida Wellness & Rehabilitation CenterDistrict Court of Appeal of Florida · 2018
7 more not listed; retrieve them via the Exa API.