Wells Fargo Bank, NA v. Haecherl
2011 Fla. App. LEXIS 3480
| Fla. Dist. Ct. App. | 2011Background
- Wells Fargo Bank, NA sought review of denial of its motion to vacate an amended notice of voluntary dismissal with prejudice under Rule 1.540(b).
- Trial court relied on Randle-Eastern Ambulance Service v. Vasta to conclude it lacked jurisdiction to entertain the motion.
- Foreclosure action commenced February 8, 2008; borrowers answered with defenses.
- April 2008: bank sought leave to amend foreclosure complaint; amendment granted June 16, 2008.
- August 20, 2008: inadvertent amended notice of voluntary dismissal with prejudice was filed; bank continued to pursue the case.
- April 14, 2009: bank moved to vacate the amended notice; trial court denied on jurisdictional grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 1.540(b) relief can be sought for a voluntary dismissal notice. | Wells Fargo contends relief is available under Rule 1.540(b). | Borrowers contend dismissal terminates the court’s authority to entertain relief. | Yes; Rule 1.540(b) applies to vacate a notice of voluntary dismissal. |
| Whether the trial court had jurisdiction to hear the motion to vacate. | Vacatur is permissible to prevent inequitable windfalls and preserve enforcement. | Randle-Eastern holds dismissal removes jurisdiction, precluding relief. | The trial court did have jurisdiction to consider the motion. |
| What is the proper standard and authority for relief under Rule 1.540(b) in this context? | Relief is available to rectify inadvertent or inequitable dismissals. | Relief should be limited by precedents upholding dismissal as final. | Rule 1.540(b) provides relief and supports reopening on the merits; remand for merits. |
Key Cases Cited
- Randle-Eastern Ambulance Service, Inc. v. Vasta, 860 So.2d 68 (Fla. 1978) (dismissal can strip court of jurisdiction; triggers jurisdictional issues)
- Shampaine Industries, Inc. v. South Broward Hospital District, 411 So.2d 364 (Fla. 4th DCA 1982) (Rule 1.540(b) relief may be available for proceedings, not only judgments)
- Miller v. Fortune Ins. Co., 484 So.2d 1221 (Fla. 1986) (Rule 1.540(b) relief recognized for relief from a judgment or proceeding)