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Wells Fargo Bank v. Duque

Third District Court of Appeal State of Florida
Jul 22, 2020
306 So. 3d 977 (Fla. Dist. Ct. App. 2020)

Opinion

No. 3D19-1929

07-22-2020

WELLS FARGO BANK, N.A., Appellant, v. Oleida DUQUE, Appellee.

Aldridge | Pite, LLP, and Allegra Knopf, Zachary Ullman, and Jennifer Travieso (Delray Beach), for appellant. Oleida Duque, in proper person, precluded from oral argument.


Aldridge | Pite, LLP, and Allegra Knopf, Zachary Ullman, and Jennifer Travieso (Delray Beach), for appellant.

Oleida Duque, in proper person, precluded from oral argument.

Before EMAS, C.J., and LINDSEY and HENDON, JJ.

EMAS, C.J.

In this appeal from an order denying Wells Fargo's motion to amend the final judgment, pursuant to Florida Rule of Civil Procedure 1.540(b)(1), we reverse and remand the trial court's order, which determined the motion was untimely filed. The record reveals that final judgment was entered on April 6, 2017. Wells Fargo's motions to amend the final judgment were filed November 6, 2017 and February 8, 2018, both within the one-year time limitation for filing a motion for relief from judgment under rule 1.540(b)(1). The trial court erred in concluding that the motions were not timely filed.

The first motion to amend was denied without prejudice for Wells Fargo to file an amended motion that included the specific total amount it sought to amend in the final judgment. The amended motion was timely filed thereafter. It appears that the trial court may have relied on a mistake contained in Wells Fargo's amended motion, which incorrectly stated that the final judgment was entered in 2015 (and which, if true, would have rendered the motions untimely); however, the final judgment itself was attached as an exhibit to the amended motion, and indicates on its face that it was entered on April 6, 2017.
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Accordingly, we reverse and remand for the trial court to consider the merits of Wells Fargo's amended motion to amend the final judgment. We express no opinion on the merits of that motion.

Reversed and remanded.


Summaries of

Wells Fargo Bank v. Duque

Third District Court of Appeal State of Florida
Jul 22, 2020
306 So. 3d 977 (Fla. Dist. Ct. App. 2020)
Case details for

Wells Fargo Bank v. Duque

Case Details

Full title:Wells Fargo Bank, N.A., Appellant, v. Oleida Duque, Appellee.

Court:Third District Court of Appeal State of Florida

Date published: Jul 22, 2020

Citations

306 So. 3d 977 (Fla. Dist. Ct. App. 2020)