Suntrust Mortgage v. Dean Calvin Torrenga and Kathleen Ann Torrenga
153 So. 3d 952
| Fla. Dist. Ct. App. | 2014Background
- SunTrust filed a foreclosure complaint in May 2009; four years later the case was set for trial.
- SunTrust’s counsel received the trial notice but, due to a clerical/administrative calendaring error, failed to enter the date and did not appear at trial.
- The circuit court dismissed SunTrust’s complaint for failure to appear.
- SunTrust moved to vacate the dismissal (or for rehearing) under Florida Rule of Civil Procedure 1.540(b) for mistake/excusable neglect, submitting affidavits describing the clerical error.
- The trial court denied the motion without a hearing; SunTrust appealed.
- The Fourth District reversed, holding the denial was an abuse of discretion and remanded for trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a dismissal for failure to appear can be vacated under Fla. R. Civ. P. 1.540(b) for excusable neglect when counsel missed trial due to clerical calendaring error | SunTrust: counsel’s inadvertent calendaring mistake constitutes excusable neglect warranting vacatur and trial on the merits | Appellees (implicit): dismissal should stand; procedural default and lack of appearance justify finality | Court: Excusable neglect covers clerical/secretarial calendaring errors; denial of motion to vacate was an abuse of discretion — reversal and remand for trial |
| Whether the moving party provided adequate proof of excusable neglect | SunTrust: submitted affidavits explaining the clerical mishap, satisfying the requirement for sworn evidence | Appellees: (implicit) affidavits insufficient to overcome finality (no specific argument recorded) | Court: Affidavits were adequate; Florida precedent requires sworn statements and SunTrust met that burden |
Key Cases Cited
- SunTrust Bank v. Puleo, 76 So. 3d 1037 (Fla. 4th DCA) (standard: abuse of discretion review for relief-from-judgment motions)
- Elliot v. Aurora Loan Servs., LLC, 31 So. 3d 304 (Fla. 4th DCA) (excusable neglect requires sworn statements or affidavits)
- Somero v. Hendry Gen. Hosp., 467 So. 2d 1103 (Fla. 4th DCA) (excusable neglect includes clerical/secretarial error and reasonable misunderstanding)
- J.J.K. Int’l, Inc. v. Shivbaran, 985 So. 2d 66 (Fla. 4th DCA) (trial court abused discretion denying rehearing where secretary canceled/failed to calendar hearing)
- City of Pembroke Pines v. Zitnick, 792 So. 2d 677 (Fla. 4th DCA) (relief appropriate where party missed hearing due to secretarial scheduling error)
- U.S. Bank, N.A. v. Vogel, 137 So. 3d 491 (Fla. 4th DCA) (attorney inadvertence causing deprivation of opportunity can justify setting aside sale/relief)
- Geer v. Jacobson, 880 So. 2d 717 (Fla. 2d DCA) (proof requirement for excusable neglect disclosures)