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

Summary

The Florida Supreme Court held 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 provide a basis to vacate such a judgment. The Court affirmed the Fourth District Court of Appeal’s decision and disapproved prior decisions to the contrary.