Update Regarding Whether Judgment Based Upon Complaint that Fails to State a Claim is Void or Voidable
Last year we published an article titled “Florida’s Fourth DCA: Default Judgment Based Upon Complaint that Fails to State a Claim is Only Voidable, Not Void; Stage Set for Florida Supreme Court Review.” In our article, we discussed the difference between void and voidable judgments; void judgments can be set aside at any time, but a motion to set aside a voidable judgment must be made within 1 year after entry of the judgment pursuant to Florida Rule of Civil Procedure 1.540(b). We further discussed that the Fourth District Court of Appeal, in Condominium Association of La Mer Estates, Inc. v. The Bank of New York Mellon Corporation, 137 So.3d 396 (Fla. 4th DCA 2014), departed from holdings of the First, Third, and Fourth District Courts of Appeal in finding that a judgment based upon a complaint which fails to state a claim is voidable, not void.
We concluded by mentioning that the Fourth District Court of Appeal certified a conflict with decisions of other district courts and set the stage for a potential review by the Florida Supreme Court. On August 7, 2014, the Florida Supreme Court accepted review of the case. Bank of New York Mellon v. Condominium Ass’n of La Mer Estates, Inc., 151 So. 3d 1223 (Fla. 2014). The parties completed briefing in January 2015, and the Court will not be holding an oral argument. We expect the Court to issue its opinion in the near future.
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