Bock v. Scheff

District Court of Appeal of Florida

Bock v. Scheff

991 So. 2d 1043, 2008 WL 4568026

CourtDistrict Court of Appeal of Florida

DecidedOctober 15, 2008

Docket4D07-3283

StatusPublished

Cited by1 cases

This text of 991 So. 2d 1043 (Bock v. Scheff) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bock v. Scheff, 991 So. 2d 1043, 2008 WL 4568026 (Fla. Ct. App. 2008).

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Opinion

991 So.2d 1043 (2008)

Carey BOCK, Appellant,
v.
Susan SCHEFF, individually and as parent, guardian and next friend of S.S. a minor child, and Parents Universal Resource Experts, Inc. a/k/a Pure, a Florida corporation, Appellees.

No. 4D07-3283.

District Court of Appeal of Florida, Fourth District.

October 15, 2008.

*1044 Thomas H. McGowan of Thomas H. McGowan, P.A., St. Petersburg, for appellant.

David H. Pollack of the Law Office of David H. Pollack, LLC, Miami, for appellees.

PER CURIAM.

This is an appeal from an order denying a rule 1.540(b) motion to vacate a judgment on the basis of excusable neglect. The judgment was entered against appellant in a lawsuit which she failed to participate. We find competent, substantial evidence in the record to support the trial court's finding that appellant's lack of notice arguments are without merit. Although appellant's attorney had withdrawn, appellant was well aware that she was unrepresented and that there were hearings she failed to attend. The trial court did not accordingly abuse its discretion in finding that appellant failed to exercise due diligence. Devlin v. Delray Cmty. Hosp., 575 So.2d 757 (Fla. 4th DCA 1991). Affirmed.

KLEIN, TAYLOR, JJ., and LAGOA, BARBARA, Associate Judge, concur.

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991 So.2d 1043 (2008)

Carey BOCK, Appellant,
v.
Susan SCHEFF, individually and as parent, guardian and next friend of S.S. a minor child, and Parents Universal Resource Experts, Inc. a/k/a Pure, a Florida corporation, Appellees.

No. 4D07-3283.

District Court of Appeal of Florida, Fourth District.

October 15, 2008.

*1044 Thomas H. McGowan of Thomas H. McGowan, P.A., St. Petersburg, for appellant.

David H. Pollack of the Law Office of David H. Pollack, LLC, Miami, for appellees.

PER CURIAM.

This is an appeal from an order denying a rule 1.540(b) motion to vacate a judgment on the basis of excusable neglect. The judgment was entered against appellant in a lawsuit which she failed to participate. We find competent, substantial evidence in the record to support the trial court's finding that appellant's lack of notice arguments are without merit. Although appellant's attorney had withdrawn, appellant was well aware that she was unrepresented and that there were hearings she failed to attend. The trial court did not accordingly abuse its discretion in finding that appellant failed to exercise due diligence. Devlin v. Delray Cmty. Hosp., 575 So.2d 757 (Fla. 4th DCA 1991). Affirmed.

KLEIN, TAYLOR, JJ., and LAGOA, BARBARA, Associate Judge, concur.

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Bluebook (online)

991 So. 2d 1043, 2008 WL 4568026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bock-v-scheff-fladistctapp-2008.

Opinion

Carey BOCK, Appellant, v. Susan SCHEFF, individually and as parent, guardian and next friend of S.S. a minor child, and Parents Universal Resource Experts, Inc. a/k/a Pure, a Florida corporation, Appellees.

Related

Cite This Page — Counsel Stack

Carey BOCK, Appellant,
v.
Susan SCHEFF, individually and as parent, guardian and next friend of S.S. a minor child, and Parents Universal Resource Experts, Inc. a/k/a Pure, a Florida corporation, Appellees.