WELLS FARGO BANK v. DUQUE (2020)

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.¹

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.

FOOTNOTES

1.   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.

EMAS, C.J.