Crescenzo v. Marshall
199 So. 3d 353
| Fla. Dist. Ct. App. | 2016Background
- Plaintiff William Crescenzo filed a single complaint containing six separate quiet-title counts, each addressing a different Hillsborough County parcel with its own legal description and deraignment of title.
- Defaults were entered against some defendants; other defendants answered denying interest.
- Crescenzo moved for summary judgment; the summary-judgment hearing was the focal proceeding.
- The trial court sua sponte dismissed the entire complaint, concluding Crescenzo had improperly joined six separate causes of action in one lawsuit to avoid filing fees, and ordered the clerk to close the case and refuse further filings.
- Crescenzo appealed, arguing (1) the court violated his due process rights by dismissing sua sponte without notice/opportunity to be heard, and (2) the Florida Rules permit joinder of multiple quiet-title claims in one action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court violated due process by sua sponte dismissing the complaint | Crescenzo: dismissal was not raised at the hearing; he had no notice or opportunity to be heard | Court: dismissed for improper joinder to avoid fees (sua sponte) | Reversed: court violated due process by dismissing without notice/opportunity to be heard |
| Whether multiple quiet-title claims involving different parcels may be joined in one complaint | Crescenzo: Rule 1.110(g) allows setting up many claims in one action | Court: claims involved distinct facts for each parcel and thus were improperly joined | Held that joinder of six distinct quiet-title actions was improper, but misjoinder is not a ground for dismissal of the entire action; severance is the remedy |
Key Cases Cited
- Fed. Nat'l Mortg. Ass'n v. Sanchez, 187 So. 3d 341 (Fla. 4th DCA 2016) (due process requires notice and opportunity to be heard before dismissal)
- Bacardi v. Lindzon, 845 So. 2d 33 (Fla. 2002) (joinder requires claims to involve the same operative facts and rights)
- Carbonell v. Am. Int'l Pictures, Inc., 313 So. 2d 417 (Fla. 3d DCA 1975) (multifariousness occurs when distinct and disconnected causes are joined)
- Land Dev. Servs., Inc. v. Gulf View Townhomes, LLC, 75 So. 3d 865 (Fla. 2d DCA 2011) (trial court may not decide matters not noticed for hearing)
- Daniels v. Sorriso Dental Studio, LLC, 164 So. 3d 778 (Fla. 2d DCA 2015) (court may not craft remedies sua sponte that violate due process)
- Bass Orlando Lee Rd., Inc. v. Lund, 702 So. 2d 250 (Fla. 4th DCA 1997) (severance appropriate where no connection between claims)
- E.A.W. v. Orlando Reg'l Med. Ctr., Inc., 424 So. 2d 189 (Fla. 5th DCA 1983) (affirming severance where counts were separate and distinct)