Dabas v. Bos. Investors Grp., Inc.

5 Citing cases

  1. Lamoise Grp., LLC v. Edgewater S. Beach Condo. Ass'n, Inc.

    278 So. 3d 796 (Fla. Dist. Ct. App. 2019)   Cited 8 times
    Noting the "failure to furnish appellant with a copy of the final disposition, in combination with the earlier deprivation of notice, rendered the [dismissal] decree void"

    "A void judgment is so defective that it is deemed never to have had legal force and effect." Dabas v. Boston Inv'rs Grp., Inc., 231 So. 3d 542, 545 (Fla. 3d DCA 2017) (citation omitted). "Generally, a judgment is void if: (1) the trial court lacks subject matter jurisdiction; (2) the trial court lacks personal jurisdiction over the party; or (3) if, in the proceedings leading up to the judgment, there is a violation of the due process guarantee of notice and an opportunity to be heard."

  2. Diasolwa v. Burneikis

    No. 3D23-1230 (Fla. Dist. Ct. App. Jul. 17, 2024)

    Affirmed. Dabas v. Boston Invs. Grp., Inc., 231 So.3d 542, 545-46 (Fla. 3d DCA 2017) (explaining the difference between void and voidable judgments and providing that determination of a void or voidable judgment is reviewed de novo); Fla. R. Civ. P. 1.540(b) (providing that a motion for relief from a voidable judgment must be brought within a year of the judgment).

  3. Enviropower Renewable Inc. v. Ritger

    337 So. 3d 424 (Fla. Dist. Ct. App. 2021)   Cited 1 times

    For this reason, a deficiency judgment generally requires an evidentiary hearing to determine a property's fair market value. See, e.g., Dabas v. Boston Invs. Grp., Inc., 231 So. 3d 542, 546 n.4 (Fla. 3d DCA 2017) ; Khan v. Simkins Indus., 687 So. 2d 16, 18 (Fla. 3d DCA 1996) ; Liberty Bus. Credit Corp. v. Schaffer/Dunadry, 589 So. 2d 451, 451-52 (Fla. 2d DCA 1991) ; Thunderbird, Ltd. v. Great Am. Ins., 566 So. 2d 1296, 1298-99 (Fla. 1st DCA 1990) ; Barnard v. First Nat. Bank of Okaloosa Cty., 482 So. 2d 534, 536 (Fla. 1st DCA 1986) ; Merrill v. Nuzum, 471 So. 2d 128, 129 (Fla. 3d DCA 1985). EPR argues that Section 5.3 of the Security Agreement is an "express waiver" of any hearing on the Collateral's fair market value.

  4. Regions Bank v. Big Bend Invs.

    311 So. 3d 181 (Fla. Dist. Ct. App. 2020)   Cited 5 times

    Determining whether a judgment is void poses a question of law that we review de novo. See Dabas v. Boston Inv'rs Grp., Inc., 231 So. 3d 542, 545 (Fla. 3d DCA 2017) ("Because the issue of whether a judgment is void presents a question of law, we review the trial court's ruling de novo." (citing Vercosa v. Fields, 174 So. 3d 550, 552 (Fla. 4th DCA 2015) )).

  5. E. Coast Capital Inv., LLC v. Naima Grp., LLC

    274 So. 3d 484 (Fla. Dist. Ct. App. 2019)

    Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla. 1979) (holding that the appellate court should affirm the trial court's judgment where "the record brought forward by the appellant is inadequate to demonstrate reversible error"); Dabas v. Boston Invr's. Grp., Inc., 231 So.3d 542, 546 (Fla. 3d DCA 2017) (concluding that the borrower's due process rights were not violated where the borrower's counsel received notice of, and participated fully at, a non-evidentiary hearing without objection and without seeking a continuance of the hearing).