162 So. 3d 244
Fla. Dist. Ct. App.2015Background
- Whitney National Bank filed a Florida foreclosure action against Jerry O. Lorant and others in 2007; a final foreclosure judgment entered in 2010 and the property sold.
- In 2011 the trial court entered a final deficiency judgment against Lorant and two other named defendants in favor of the bank.
- The bank sought to domesticate the Florida deficiency judgment in Alabama, but Alabama would not recognize it unless the judgment showed Lorant was the sole remaining defendant and all other parties’ claims were adjudicated.
- In 2014 the bank moved under Fla. R. Civ. P. 1.540(a) to “correct” the 2011 deficiency judgment to state Lorant was the sole remaining defendant and to clarify adjudication of other parties’ claims.
- Over Lorant’s objection the trial court entered a “Corrected and Supplemental” final deficiency judgment; Lorant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fla. R. Civ. P. 1.540(a) permits supplementation of a final judgment years later to clarify parties’ status | Bank: the change is a clerical correction under Rule 1.540(a) (clerical mistakes can be fixed indefinitely) | Lorant: the change is substantive, not a clerical slip, and exceeds 1.540(a) authority | Court: reversal — the modification was substantive, not a clerical mistake, so 1.540(a) did not authorize the change |
| Whether trial court may make substantive changes to a final judgment under Rule 1.540(a) | Bank: the clarification does not alter substantive rights, merely clarifies parties for Alabama domestication | Lorant: Rule 1.540(a) does not permit substantive changes; such relief requires Rule 1.540(b) or other process | Court: 1.540(a) limited to accidental slips/omissions; substantive changes are not allowed under that rule |
Key Cases Cited
- Clements Agency v. Lungstrum, 827 So.2d 360 (Fla. 1st DCA 2002) (standard of review and Rule 1.540 principles)
- Freeman v. Sanders, 562 So.2d 834 (Fla. 1st DCA 1990) (Rule 1.540(a) limited to clerical errors, not substantive mistakes)
- Gulfstream Micro Sys., Inc. v. Kingsbridge Boca Associates, 564 So.2d 554 (Fla. 4th DCA 1990) (amendment not appropriate when it substantially changes judgment's effect)
- Whitney Bank v. Lorant, 148 So.3d 1077 (Ala. 2014) (Alabama court’s refusal to domesticate prior deficiency judgment absent clarification)