WALLIS, J.
Gotham Insurance Company ("Appellant") appeals the denial of its motion to vacate an amended default final judgment. Although Appellant was not a party to the action below, Lake Buena Vista Vacation Resort, L.C. ("LBV"), brought a cross-claim against Appellant's insured, Coastal Title Insurance, Co. ("Coastal").
Attorney Ira Hatch, Jr., and his wife, Marjorie Hatch, served as officers and directors of Coastal. While serving in those capacities, the Hatches misappropriated deposits from multiple prospective condominium purchasers, including Andrew and Susan Matthew.
In April 2013 — 18 months after the entry of the default final judgment — LBV moved to amend the default final judgment pursuant to Florida Rule of Civil Procedure 1.540, arguing that, because LBV now owned all of Coastal's assets and property, it was entitled to an amended judgment as a matter of law. LBV urged the trial court to amend the default final judgment because it did not incorporate matters from the cross-claim and, as such, "it is not equitable for such a Final Judgment in this case not to include the additional matters that are those facts that actually occurred in this matter."
Appellant timely moved to vacate the amended default final judgment, arguing that: (1) it had standing under Florida Rule of Civil Procedure 1.540(b); (2) LBV untimely moved to amend the default final judgment; and (3) LBV procured the amended default final judgment through intrinsic fraud, misrepresentations, and other misconduct. Appellant also argued that it had an interest in the judgment and the judgment's enforcement would adversely affect its rights. The trial court denied Appellant's motion to vacate the amended default final judgment, finding that Appellant insufficiently demonstrated fraud, misrepresentation, or other misconduct.
LBV first argues that Appellant, as a nonparty to the case, lacked standing to move to vacate the amended judgment under rule 1.540(b). LBV suggests rule 1.540 provides relief only to a party or the party's legal representative. We review de novo whether a party has standing. Centerstate Bank Cent. Fla., N.A. v. Krause, 87 So.3d 25, 28 (Fla. 5th DCA 2012) (citing Putnam Cty. Envtl. Council, Inc. v. Bd. of Cty. Comm'rs of Putnam Cty., 757 So.2d 590, 594 (Fla. 5th DCA 2000)).
Appellant correctly relies on Pearlman v. Pearlman, 405 So.2d 764, 766 (Fla. 3d DCA 1981), which held that "an unnamed party whose rights were directly and injuriously affected by a judgment fraudulently obtained may seek relief from that judgment either by motion or by independent collateral attack." In Pearlman, the Third District Court held that a non-party had standing to attack the judgment
Appellant's motion to vacate the amended default final judgment alleged both fraudulent activity and that the amended judgment directly affected its rights. Appellant specifically alleged that LBV misled the trial court by misrepresenting that the cross-claim contained allegations of negligence that should be added to the default final judgment. Appellant argued that LBV sued Coastal only for breach of contract, not for negligently supervising Mr. Hatch. Appellant also argued that adding findings regarding negligent supervision in the amended default final judgment directly affected its rights because those findings could have a preclusive effect on later proceedings that bind Appellant. We find that, based upon the allegations in its motion, Appellant had nonparty standing to move to vacate the amended default final judgment.
We next turn to the trial court's jurisdiction to enter the amended default final judgment. "[T]he defense of subject-matter jurisdiction can be raised at any time." Cunningham v. Standard Guar. Ins. Co., 630 So.2d 179, 181 (Fla.1994) (citing Fla. R. Civ. P. 1.140(h)(2)); see also Dep't of Revenue v. Daystar Farms, Inc., 803 So.2d 892, 895 (Fla. 5th DCA 2002) ("[I]t is well settled that lack of subject matter jurisdiction may be raised sua sponte by an appellate court even if neither party raises issue." (quoting Ruffin v. Kingswood E. Condo. Ass'n, Inc., 719 So.2d 951, 952 (Fla. 4th DCA 1998))).
"[T]he one exception to the rule of absolute finality is rule 1.540, `which gives the court jurisdiction to relieve a party from the act of finality in a narrow range of circumstances.'" Bane v. Bane, 775 So.2d 938, 941 (Fla.2000) (quoting Miller v. Fortune Ins. Co., 484 So.2d 1221, 1223 (Fla.1986)); see also Bank One, N.A. v. Batronie, 884 So.2d 346, 348 (Fla. 2d DCA 2004) (citations omitted) ("After the rendition of final judgment, the trial court loses jurisdiction over the case ... except as provided by rule 1.540."). Here, because 18 months elapsed since the entry of the default final judgment, LBV was limited to an amendment under rules 1.540(a), (b)(4), and (b)(5).
LBV defends the amendment to the default final judgment by arguing that the changes were merely clerical. Rule 1.540(a) permits the trial court to correct clerical mistakes.
LBV added over a page of substantive findings to the default final judgment, including findings outside the allegations contained in its cross-claim that should have required the introduction of evidence. These additions did not constitute a clerical change and, therefore, fall outside the purview of rule 1.540(a). See Frisard v. Frisard, 497 So.2d 885, 887 (Fla. 4th DCA 1986) ("[T]he entry of a written judgment by a trial court containing a provision materially different from that which the court announced at trial was a substantive error, not a `clerical' mistake correctable under Rule 1.540(a)." (citing Wilder v. Wilder, 251 So.2d 311, 313-14 (Fla. 4th DCA 1971))).
LBV also sought to amend the default final judgment under rule 1.540(b)(5). Rule 1.540(b)(5) permits the trial court to relieve a party from a final judgment when "it is no longer equitable that the judgment or decree should have prospective application."
LBV did not allege, after the entry of the default final judgment, an occurrence or event that would justify the amended default final judgment under rule 1.540(b)(5). Therefore, we conclude that the default final judgment "passed into the unassailable realm of finality." Holm v. Demetree, 681 So.2d 868, 868-69 (Fla. 5th DCA 1996). Because the trial court amended the judgment to include substantive changes in the findings when it lacked subject matter jurisdiction to do so, we
VACATED.
SAWAYA and BERGER, JJ., concur.