Court: District Court of Appeal of Florida; April 12, 2019; Florida; State Appellate Court
Eric M. Redmond appeals the trial court's denial of his motion for relief from a final judgment of foreclosure under Florida Rule of Civil Procedure 1.540(b). The trial court's decision is affirmed, as it reached the correct result for the wrong reasons. First Guaranty Mortgage Corporation filed a foreclosure suit against Redmond and co-defendant Kimberly Thomas-Tornillo for non-payment starting March 1, 2017. Redmond was served on August 24, 2017, attended a conciliation conference, but failed to file an answer. A clerk's default was entered on October 30, 2017, due to his inaction. On March 2, 2018, First Guaranty and Thomas-Tornillo agreed to a consent final judgment of foreclosure, which Redmond did not sign but was mailed a copy. The final judgment was entered on April 11, 2018, and the foreclosure sale scheduled for May 29, 2018. After retaining counsel, Redmond filed a motion for relief from judgment and to vacate the default on May 21, 2018, claiming he did not respond due to discussions about a loan modification. Redmond also filed an emergency motion to cancel the foreclosure sale, which was cross-noticed by First Guaranty for the same hearing on May 29. Redmond's counsel failed to appear at the hearing, leading to the denial of both motions. Redmond argues on appeal that he was denied due process due to inadequate notice regarding the hearing on his motion for relief. The court agrees, referencing Florida Rule of Civil Procedure 1.090(d), which mandates reasonable notice for hearings, and citing case law that supports the notion that insufficient notice violates due process rights.
The trial court's order denying Redmond's motion for relief from judgment is affirmed under the 'Tipsy Coachman' doctrine, which permits an appellate court to uphold a decision that reaches the correct outcome, even if based on incorrect reasoning, provided the record supports it. The absence of business days between notice of the hearing and the hearing itself, due to the Memorial Day holiday, is deemed non-critical. Redmond's motion lacked the necessary elements to warrant a hearing under rule 1.540(b), which requires a demonstration of 'colorable entitlement to relief.' He sought to vacate a clerk's default but failed to prove excusable neglect or due diligence.
Redmond's claims regarding the October 9, 2017 conciliation conference did not constitute excusable neglect, as prior cases established that a lack of understanding or failure to retain counsel does not excuse inaction. Additionally, Redmond's communication with a loan servicer regarding a modification was similarly insufficient. He also demonstrated a lack of due diligence by waiting nearly seven months after receiving the default notice before filing his motion, with a six-week delay in seeking relief from the final judgment being particularly problematic. As the evidence did not establish excusable neglect or due diligence, the hearing on his motion, despite its insufficient notice, was unnecessary. Thus, the appellate court affirms the trial court’s decision.
A conciliation conference is an informal dispute resolution process involving a neutral third party who facilitates discussions between the parties to help them reach a settlement. The record does not clarify whether the trial court mandated attendance or if it was voluntary. It appears that a foreclosure sale scheduled for May 29 did not occur. Redmond argued that the court should have allowed his motion to relinquish jurisdiction to the trial court for a ruling on his timely filed motion for rehearing. This argument was rejected because Florida Rule of Civil Procedure 1.530 states that rehearings are permitted only after a 'judgment' is entered. An order denying a rule 1.540 motion for relief from judgment does not qualify as a 'judgment' under this rule. Consequently, Redmond's motion for rehearing was deemed unauthorized, supported by precedents emphasizing the distinct nature of orders arising from rule 1.540 motions, which do not allow for rehearing.
