KESNER TOULOUTE v. CITY OF FORT LAUDERDALE – Due Process Violation to Dismiss Case Without Notice

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.