Duncan v. Allman

District Court of Appeal of Florida

Duncan v. Allman

386 So. 2d 6, 1979 Fla. App. LEXIS 15582

District Court of Appeal of Florida·Decided October 10, 1979·No. No. 78-1978·Published·Cited by 1 cases

Opinion

PER CURIAM.

This is an appeal from the denial of a motion to vacate a final judgment filed pursuant to Florida Rule of Civil Procedure 1.540(b). We have examined the record and find that the defendant/appellant’s affidavit filed in support of this motion does not contain facts sufficient to support relief under Rule 1.540(b). In addition, no record of the hearing on the motion has been filed with this court and we are advised by appellate counsel for the parties that no court reporter was present at the hearing. We note that appellate counsel was not trial counsel. The order below is, therefore, affirmed.

AFFIRMED.

LETTS, MOORE and BERANEK, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from the denial of a motion to vacate a final judgment filed pursuant to Florida Rule of Civil Procedure 1.540(b). We have examined the record and find that the defendant/appellant’s affidavit filed in support of this motion does not contain facts sufficient to support relief under Rule 1.540(b). In addition, no record of the hearing on the motion has been filed with this court and we are advised by appellate counsel for the parties that no court reporter was present at the hearing. We note that appellate counsel was not trial counsel. The order below is, therefore, affirmed.

AFFIRMED.

LETTS, MOORE and BERANEK, JJ., concur.

Duncan v. Allman, 386 So. 2d 6, 1979 Fla. App. LEXIS 15582 (Fla. Ct. App. 1979).

Pincite

386 So. 2d 6 (Duncan v. Allman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related