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.
Key facts
- Metropolitan Mortgage Company of Miami sought to vacate a dismissal order for failure to prosecute after claiming that neither the company nor its counsel received the clerk's notice of inactivity or the subsequent dismissal order.
- The trial court denied the rule 1.540(b) motion to vacate, and Metropolitan Mortgage appealed to the Third District Court of Appeal.
- +2 more key facts with a free trial
Why it matters
Useful ammunition for litigants seeking to undo dismissals for failure to prosecute or other orders entered without actual notice: the opinion confirms that void-judgment relief is not subject to any timeliness bar and… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.