Aelita Izulina v. Immigration Center of Ekaterina Mouratova, P.A.

Opinion

Third District Court of Appeal State of Florida

Opinion filed July 30, 2026. Not final until disposition of timely filed motion for rehearing.

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No. 3D25-1913 Lower Tribunal No. 24-17668-CA-01 ________________

Aelita Izulina, Appellant,

vs.

Immigration Center of Ekaterina Mouratova, P.A., Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Daryl E. Trawick, Judge.

Martin Druyan & Associates Attorneys and B. Martin Druyan (Boca Raton), for appellant.

Cotzen Law, P.A., and Michael L. Cotzen, for appellee.

Before LINDSEY, MILLER and LOBREE, JJ.

PER CURIAM.

Affirmed. See Noel v. James B. Nutter & Co., 232 So. 3d 1112, 1116 (Fla. 3d DCA 2017) (stating that “‘[e]xcusable neglect must be proven by

sworn statements or affidavits’” (quoting Elliott v. Aurora Loan Servs. LLC,

31 So. 3d 304, 307 (Fla. 4th DCA 2010))); Rodriguez v. Falcones, 314 So.

3d 469, 471 (Fla. 3d DCA 2020) (“In order to show excusable neglect, the

moving party ‘must produce sufficient evidence of . . . excusable neglect . . .

as contemplated by rule 1.540(b) before the court’s equity jurisdiction may

be invoked.’ If the movant fails to present evidence supporting a legal ground

for relief from the judgment, it is an abuse of the trial court’s discretion to

vacate that judgment.” (citation omitted) (quoting Bank of New York Mellon

v. Peterson, 208 So. 3d 1218, 1222 (Fla. 2d DCA 2017))); Applegate v.

Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“Without a

record of the trial proceedings, the appellate court can not properly resolve

the underlying factual issues so as to conclude that the trial court’s judgment

is not supported by the evidence or by an alternative theory.”); Cerella v.

Rinker Materials Corp., 313 So. 2d 85, 85 (Fla. 4th DCA 1975) (affirming

denial of motion to vacate default judgment where appellant’s “primary

motion is unsworn and is non-evidentiary” and record lacked transcript of

hearing “and such testimony as may have been taken”).