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.
Key facts
- Wealth Mortgage Strategies, LLC, a lender, brought a foreclosure action against Phinizee in circuit court while a federal bankruptcy automatic stay was in effect.
- The circuit court dismissed the foreclosure action for failure to prosecute without regard to the automatic stay, and approximately three years later denied the lender's rule 1.540(b)(4) motion to vacate the dismissal order as untimely.
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Why it matters
The opinion reinforces and extends the Fourth District's generous 'reasonable time' analysis for rule 1.540(b)(4) motions attacking void orders, following Wells Fargo v. Tan (five years) and Kirchoff (20 months)… — full analysis with a trial
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