Metropolitan Mortgage Company of Miami v. Rose
The Third DCA reversed the denial of a rule 1.540(b) motion to vacate an order dismissing a case for failure to prosecute, where the movant and its counsel presented unrebutted testimony that they never received the clerk's notice of inactivity or the dismissal order. Because a judgment entered without notice violates due process and is void, the trial court had no discretion and was obligated to vacate it, and the 'reasonable time' requirement of rule 1.540(b) does not apply to void judgments.
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