The Bank of New York Mellon v. Condominium Association of La Mer Estates, Inc., Respondent

Summary

The Florida Supreme Court affirmed the Fourth District Court of Appeal, holding that a default judgment is voidable—not void—when the underlying complaint fails to state a cause of action, and therefore Rule 1.540(b) does not permit collateral attack after the statutory period. The Court also disapproved prior decisions that declared such judgments void.