De La Osa v. Wells Fargo Bank, N.A.

I respectfully dissent. The language of rule 1.540(b)(4) of the Florida Rules of Civil Procedure is clear and unambiguous. In the absence of ambiguity or of other doubt as to meaning, I would not apply this Court’s interpretive power of statutory construction to create a new definition for the term “judgment or decree” in rule 1.540(b)(4). I concur, however, in the en banc majority’s referral of this matter to the Florida Bar’s Civil Procedure Rules Committee.

I. Facts

It is telling that the majority opinion scuttles over the facts as if they were hot coals. See majority opinion at 1. The facts…