Nationstar Mortgage, LLC v. Steven Prine and Courtney Saucier

Summary

The Florida Third District Court of Appeal held that Nationstar Mortgage, LLC was entitled to relief from a foreclosure dismissal because the clerk transmitted the trial notice to an incorrect email address. The court concluded that Nationstar's lack of adequate notice constituted excusable neglect and a due process violation, reversed the dismissal, and remanded for a new trial.

Holdings

1. The trial court abused its discretion by summarily denying Nationstar's motion to vacate the dismissal because Nationstar's failure to prepare for trial was excusable neglect caused by the clerk's erroneous transmission of the trial notice.
2. A party's failure to receive proper notice of trial because of a clerk's transmittal error violates the party's due process right to fair notice and an opportunity to be heard, and requires reversal of a dismissal entered under those circumstances.

Questions Presented

1. Whether the trial court abused its discretion by summarily denying Nationstar's Rule 1.540(b) motion to vacate the dismissal when Nationstar did not receive the trial notice because of the clerk's erroneous email transmission.
2. Whether the lack of proper notice and adequate preparation time violated Nationstar's due process right to notice and an opportunity to be heard.
3. Whether Nationstar's failure to secure a trial witness under these circumstances constituted excusable neglect.

Disposition

reversed_and_remanded