Wells Fargo Bank, N.A. v. Rojas
Wells Fargo Bank, N.A. v. Rojas
Opinion of the Court
We reverse the trial court’s order denying the bank’s Florida Rule of Civil Procedure 1.540(b) motion to vacate a notice of voluntary dismissal. The notice was filed due to clerical mistake, and the trial court abused its discretion. See Miller v. Fortune Ins. Co., 484 So.2d 1221, 1224 (Fla. 1986) (holding that rule 1.540(b)(1) confers on trial courts the power “to correct clerical substantive errors in a voluntary notice of dismissal”).
The record and affidavit filed by the bank showed that the unsigned and undated notice of voluntary dismissal was inadvertently filed along with a premature final disposition form. See Fla. R. Civ. P. 1.100(c)(3) (requiring the prevailing party to file a final disposition form (form 1.998) when an order or judgment is entered disposing of an action).
Reversed and remanded.
. Effective January 1, 2017 this rule, in identical form, was moved to new rule 1.545.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.