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HORTON v. RODRIGUEZ ESPAILLAT Y ASOCIADOS

No. 3D05-1884.

926 So.2d 436 (2006)

Helen B. HORTON, Appellant, v. RODRIGUEZ ESPAILLAT Y ASOCIADOS, Appellee.

District Court of Appeal of Florida, Third District.

April 5, 2006.

Attorney(s) appearing for the Case

Weissman, Dervishi, Borgo & Nordlund, P.A., Brian S. Dervishi, and John Borgo, Miami, and Jonathan Bakalarz, for appellant.

Silva & Silva, P.A., Miami, and Ibrahim Reyes, Jr., for appellee.

Before GREEN, RAMIREZ, and SUAREZ, JJ.

PER CURIAM.

We reverse the order denying defendant's motion to vacate the final judgment pursuant to Florida Rule of Civil Procedure 1.540(b). Where a party asserts that the underlying judgment is void, "it is necessary to evaluate the underlying judgment in reviewing the order denying the motion. If it is determined that the judgment entered is void, the trial court has no discretion, but is obligated to vacate the judgment." Dep't of Transp. v. Bailey,

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