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.
Key facts
- Nationwide's insured Nick May assigned his policy benefits to Auto Glass America after Auto Glass repaired his windshield; Auto Glass sued Nationwide for breach of contract in May 2016.
- In May 2017, the court clerk issued a notice of intent to dismiss for lack of prosecution; Auto Glass filed a good cause statement citing settlement negotiations, but neither party appeared at the scheduled July 19, 2017 hearing, and the court entered the dismissal order.
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Holdings
- Under Fla. R. Civ. P. 1.540(b)(4), an order is void only when the rendering court lacked subject matter or personal jurisdiction, or violated due process; a procedural error that falls…
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