Gotham Insurance Co. v. Matthew
Gotham Insurance Co. v. Matthew
Opinion of the Court
Gotham Insurance Company (“Appellant”) appeals the denial of its motion to vacate an amended default final judgment. Although Appellant was not a party to the action below, Lake Buena Vista Vacation Resort, L.C. (“LBV”), brought a cross-claim against Appellant’s insured, Coastal Title Insurance, Co. (“Coastal”).
Attorney Ira Hatch, Jr., and his wife, Marjorie Hatch, served as officers and directors of Coastal. While serving in those capacities, the Hatches misappropriated deposits from multiple prospective condominium purchasers, including Andrew and Susan Matthew.
In April 2013 — 18 months after the entry Of the default final judgment — LBV moved to amend the default final judgment pursuant to Florida Rule of Civil Procedure 1.540, arguing that, because LBV now owned all of Coastal’s assets and property, - it was- entitled to an amended judgment as a matter of law. LBV urged the trial court to amend the default.final judgment because it did not. incorporate matters from the cross-claim and, as such, “it is not equitable for such a Final Judgment in this case not to include the additional matters that are-those facts that actually occurred in this matter.”
Appellant timely moved to vacate the amended default final judgment, arguing that: (1) it had standing .under Florida Rule of Civil Procedure 1.540(b); (2) LBV untimely moved to amend the default fínal judgment; and (3) LBV procured the amended default final judgment through intrinsic fraud, misrepresentations, and other misconduct. Appellant also argued that it had an interest in the judgment and the judgment’s enforcement would adversely affect its rights. The trial court denied Appellant’s motion to.vacate the amended default final judgment, finding that Appellant insufficiently demonstrated fraud, misrepresentation, or other misconduct. .
I. Standing
LBV first argues that Appellant, as a nonparty to the case, lacked standing to move to vacate the amended judgment under rule 1.540(b). LBV suggests rule 1.540 provides relief only to a party or the party’s legal representative. We review de novo whether a party has standing. Centerstate Bank Cent. Fla., N.A. v. Krause, 87 So.3d 25, 28 (Fla. 5th DCA 2012) (citing Putnam Cty. Envtl. Council, Inc. v. Bd. of Cty. Comm’rs of Putnam Cty., 757 So.2d 590, 594 (Fla. 5th DCA 2000)).
Appellant correctly relies on Pearlman v. Pearlman, 405 So.2d 764, 766 (Fla. 8d DCA 1981), which held that “an unnamed party whose rights were directly and injuriously affected by a judgment fraudulently obtained may seek relief from that judgment either by motion or by independent collateral attack.” In Pearlman, the Third District Court held that a non-party had standing to attack the judgment
Appellant’s motion to vacate the amended default final judgment alleged both fraudulent activity and that the amended judgment directly affected its rights. Appellant specifically alleged that LBV misled the trial court by misrepresenting that the cross-claim contained allegations of negligence that should be added to the default final judgment. Appellant argued that LBV sued Coastal only for breach of contract; not for negligently supervising Mr. Hatch, ' Appellant also argued that adding findings regarding negligent supervision in the amended default final judgment directly affected its rights because those findings could have a preclu-sive effect on later' proceedings that bind Appellant. We find that, based upon the allegations in its motion, Appellant had nonparty standing to move to vacate the amended default final judgment.
IL Jurisdiction
We next turn -to the trial court’s jurisdiction to enter the amended default final judgment. “[T]he defense of subject-matter jurisdiction can be raised at any time.” Cunningham v. Standard Guar. Ins. Co., 680 So.2d 179, 181 (Fla. 1994) (citing Fla. R. Civ. P. 1.140(h)(2)); see also Dep’t of Revenue v. Daystar Farms, Inc., 803 So,2d. 892, 895 (Fla. 5th DCA 2002) (“[I]t is well settled.that lack of subject matter jurisdiction may be raised sua sponte by an appellate court even if neither party raises issue.” (quoting Ruffin v. Kingswood E. Condo. Ass’n, Inc., 719 So.2d 951, 952 (Fla. 4th DCA 1998))).
“[T]he one exception to the rule of absolute finality is rule 1.540, ‘which gives the court jurisdiction to relieve a party from the act of finality in a harrow range of circumstances.’ ” Bane v. Bane, 775 So.2d 938, 941 (Fla. 2000) (quoting Miller v. Fortune Ins. Co., 484 So.2d 1221, 1223 (Fla. 1986)); see also Bank One, N.A. v. Batronie, 884 So.2d 346, 348 (Fla. 2d DCA 2004) (citations omitted) (“After the rendition of final judgment,.the trial court loses jurisdiction ,over the case ... except as,provided by rule 1.640.”). Here, because 18 months elapsed since the entry of the default final judgment, LBV was limited to an amendment under rules 1.540(a), (b)(4), and (b)(5).
LBV defends the amendment to the default final judgment by arguing that the -changes were merely clerical. Rule 1.540(a) permits the trial court-to correct clerical -mistakes.
LBV added over a page of substantive findings to the default final judgment, including findings outside the allegations contained in its cross-claim that should have required the introduction of evidence. These additions did not constitute a clerical change and, therefore, fall outside the purview of rule 1.540(a). See Frisard v. Frisard, 497 So.2d 885, 887 (Fla. 4th DCA 1986) (“[T]he entry of a written judgment by a trial court containing a provision .materially different from that which the court announced at trial was a substantive error, not a ‘clerical’ mistake correctable under Rule 1.540(a).” (citing Wilder v. Wilder, 251 So.2d 311, 313-14 (Fla. 4th DCA 1971))). "
LBV also sought to amend the default final judgment under rule 1.540(b)(5). Rule 1.540(b)(5) permits the trial court- to relieve a party from a final judgment when “it is no longer equitable that the judgment or decree should have prospective application.”
LBV did not allege, after the entry of the default final judgment, an occurrence or event that would justify the amended default final judgment under rule 1.540(b)(5). Therefore, we conclude that the default final judgment “passed into the unassailable realm of finality.” Holm v. Demetree, 681 So.2d 868, 868-69 (Fla. 5th DCA 1996). Because the trial court amended the judgment to include substantive changes in the-findings when it lacked subject matter jurisdiction to do so, we
VACATED.
. Of the many Appellees involved in this appeal, only LBV participates.
. Mr. Hatch pleaded no contest to racketeer- . ing in connection with the thefts from Coastal’s escrow accounts and is currently serving a 30-year prison sentence.
. LBV's attempt to amend' the default final judgment stemmed from an unsuccessful coverage action against Appellant in federal court, which determined the claims against Appellant were procedurally barred by the original default final judgment in this case.
. Appellant suggests that amendments cannot be made under rule 1.540(b). We disagree, See Juno Ocean Walk Condo. Ass'n v. N. Cty, Co., 157 So.3d 1077, 1080 (Fla. 4th DCA 2015) (stating that although rule 1.540(b) uses the term "vacated,” the rule also applies to amending the judgment),
, Rule 1.540(a) provides, in pertinent part:
(a) Clerical .Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any parly and after such notice, if any', as the court orders.
. Rule 1.540(b) provides:
On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, decree, order, or proceeding for the following reasons: ... (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application..
Case-law data current through December 31, 2025. Source: CourtListener bulk data.