Cottrell v. Taylor, Bean & Whitaker Mortgage Corp.
198 So. 3d 688
| Fla. Dist. Ct. App. | 2016Background
- Taylor Bean voluntarily dismissed the foreclosure action without prejudice under Rule 1.420(a)(1) after counsel believed the statute of limitations barred suit.
- Klumps and Cottrell as land-trust interests remained parties to the suit, which had been pending since July 2013.
- Taylor Bean later learned Klump’s U.S. military service could toll the limitations period under the Servicemembers Civil Relief Act.
- In September 2014, Taylor Bean moved to vacate the dismissal under Rule 1.540(b)(1) with no evidentiary support; the court denied it without prejudice.
- In October 2014, Taylor Bean renewed the motion with an affidavit claiming counsel’s belief was mistaken; the trial court granted the motion, triggering this appeal by Cottrell and the Klumps.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 1.540(b)(1) relief applies to a judgmental dismissal | Taylor Bean seeks relief for a judgmental mistake | The mistake is tactical/judgmental and not reliefable under 1.540(b)(1) | No, 1.540(b)(1) does not apply to a judgmental dismissal. |
| Whether an evidentiary hearing was required | There is a colorable entitlement to relief requiring a hearing | No automatic hearing when 1.540(b)(1) relief is unavailable | Evidentiary hearing not required; court lacked jurisdiction to grant relief. |
| Whether the trial court had authority to reinstate the dismissal | Relief should reinstate voluntary dismissal | Finality of dismissal precludes relief absent proper grounds | Trial court lacked jurisdiction; deny motion and reinstate dismissal. |
Key Cases Cited
- Miller v. Fortune Ins. Co., 484 So.2d 1221 (Fla. 1986) (distinguishes judgmental vs nonjudgmental mistakes under 1.540(b)(1))
- Pino v. Bank of N.Y., 121 So.3d 23 (Fla. 2013) (finality of 1.420(a)(1) dismissal with limited 1.540(b) relief)
- Randle-Eastern Ambulance Service, Inc. v. Vasta, 360 So.2d 68 (Fla. 1978) (tactical errors not relieved by 1.540(b); separation from clerical errors)
- Chancey v. Chancey, 880 So.2d 1281 (Fla. 2d DCA 2004) (colorable entitlement to relief requires hearing; discretionary)
- Navarro v. Castro, 110 So.3d 499 (Fla. 4th DCA 2013) (hearing appropriate when 1.540(b) movant shows colorable entitlement)