Nationwide Insurance Company Of America v. Auto Glass America, LLC, May
The Second District reversed the trial court's order vacating a 2017 lack-of-prosecution dismissal after Auto Glass America waited over six years to seek relief under Florida Rule of Civil Procedure 1.540(b). The court held the dismissal was voidable, not void, because the county court had subject matter jurisdiction and afforded the parties notice and an opportunity to be heard before dismissing, making any procedural error insufficient to satisfy Rule 1.540(b)(4). Auto Glass's reliance on unsworn counsel representations, without affidavit or evidentiary hearing, was likewise insufficient to establish either a due process violation or timely pursuit of vacatur.
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