Greenwich Association, Inc. v. Greenwich Apartments, Inc. and Alliance TD Limited Partnership

Summary

The Florida Third District Court of Appeal affirmed dismissal of an action seeking reformation or cancellation of a settlement agreement incorporated into a 2001 final judgment. The court held that the judgment was voidable, not void, and that the alleged misconduct constituted intrinsic rather than extrinsic fraud, requiring a timely motion under Florida Rule of Civil Procedure 1.540(b) in the original trial court.

Holdings

1. The 2001 judgment was voidable, not void, because the court had subject-matter and personal jurisdiction; an alleged error in the judgment did not deprive the judgment of validity.
2. The alleged fraud was intrinsic, not extrinsic fraud upon the court, and therefore could not support an independent action filed years after the judgment; relief had to be sought by a timely Rule 1.540(b) motion in the original trial court.

Questions Presented

1. Whether the 2001 final judgment incorporating the settlement agreement was void because the association's president allegedly acted ultra vires.
2. Whether Greenwich Association could pursue an independent action based on alleged fraud without first filing a timely motion under Florida Rule of Civil Procedure 1.540(b).
3. Whether the trial court properly entered summary judgment and dismissed the action.

Disposition

affirmed