Wealth Mortgage Strategies, LLC v. Phinizee
A circuit court dismissed a foreclosure action for failure to prosecute while a federal bankruptcy automatic stay was in effect, and later denied the lender's rule 1.540(b)(4) motion to vacate filed about three years afterward as untimely. The Fourth District held the dismissal order was void because it was entered in violation of the automatic stay, and that a three-year delay was within a 'reasonable time' under rule 1.540(b)(4), reversing with instructions to grant the motion.
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