Trial court dismissed case after party failed to appear at status conference. Notice of the status conference, however, was mailed to the wrong address. The dismissed party made a Rule 1.540(b)(4) motion to set aside the judgment as void, which the trial court denied.
The Fourth DCA reversed the trial court’s decision:
Rule 1.540(b)(4) provides that the court may relieve a party from a void judgment. “A judgment is void 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.’
Dismissal after notice was sent to the wrong address was a due process violation.