Gotham Insurance Co. v. Matthew

179 So. 3d 437, 2015 Fla. App. LEXIS 17004, 40 Fla. L. Weekly Fed. D 2562
CourtDistrict Court of Appeal of Florida
DecidedNovember 13, 2015
DocketNo. 5D13-3008
StatusPublished
Cited by6 cases

This text of 179 So. 3d 437 (Gotham Insurance Co. v. Matthew) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gotham Insurance Co. v. Matthew, 179 So. 3d 437, 2015 Fla. App. LEXIS 17004, 40 Fla. L. Weekly Fed. D 2562 (Fla. Ct. App. 2015).

Opinion

WALLIS, J.

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”).1 Eighteen months after the trial court entered a default final judgment on LBV’s cros’s-claim, the trial court granted LBV’s motion to amend the default judgment, thereby creating a dispute concerning Appellant’s coverage. We conclude that Appellant had standing to move to vacate the amended default final judgmént under Florida Rule of Civil Procedure 1.540(b) because the amended default final judgment would adversely affect Appellant’s rights. We vacate the amended default, finding that the trial court lacked jurisdiction to substantively amend the default final judgment.

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.2 The Matthews filed a complaint for breach of contract, civil conspiracy, and unjust enrichment against: the developer, LBV; LBV’s escrow agent, Coastal; and the Hatches. LBV filed a cross-claim, alleging Coastal and Mr. Hatch “intentionally and fraudulently defalcated, converted, and/or misappropriated” various deposits. ' Appellant denied coverage for this claim and declined to defend because Coastal’s policy excluded coverage for intentional misappropriation [440]*440of funds. Importantly, LBV’s cross-elaim did not allege that Coastal negligently supervised Mr. Hatch, • Rather, the cross-claim alleged that Mr. Hatch “provided those legal services fully within his scope of authority as an- employee, principal, and/or agent, of [Mr. Hatch’s law firm],” •Although the Hatches entered appearances for - themselves individually,, Coastal did not serve or file any paper in the action. In September 2011, LBV successfully obtained a default final judgment on its cross-claim . against Coastal .for $15,643,145.13 in damages and $5,158,467.67 in pre-judgment interest. The default final judgment did not include any findings of fact concerning negligence against Coastal.

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.”3 LBV proposed an amended default final judgment, containing new findings-,of fact that were not. made in the original default judgment, which the trial court adopted verbatim. Furthermore, the amended, default final judgment deviated from the allegations in LBV’s cross-claim by finding, inter alia, that Coastal negligently supervised Mr. Hatch while he acted in his capacity as an officer and director of Coastal.

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 [441]*441by motion under rule 1.540(b)(3), the same rule at issue in the instant case. Id. at 767. Similarly, in Davis v. M & M Aircraft Acquisitions, Inc., 76 So.3d 1066, 1067 (Fla. 4th DCA 2011), the Fourth District Court held that a nonparty to the original action had. standing under rule 1.540(b) for the merits of the motion to be heard. We choose to follow this case precedent and hold that rule 1.540(b) confers standing on a nonparty whose motion alleges proper allegations of “fraud” or “collusion” and the judgment’s effect on the movant’s rights.

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.”).

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Cite This Page — Counsel Stack

Bluebook (online)
179 So. 3d 437, 2015 Fla. App. LEXIS 17004, 40 Fla. L. Weekly Fed. D 2562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gotham-insurance-co-v-matthew-fladistctapp-2015.