Duncan v. Allman

District Court of Appeal of Florida

Duncan v. Allman

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

CourtDistrict Court of Appeal of Florida

DecidedOctober 10, 1979

DocketNo. 78-1978

StatusPublished

Cited by1 cases

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

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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.

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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.

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386 So. 2d 6, 1979 Fla. App. LEXIS 15582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duncan-v-allman-fladistctapp-1979.

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