Faulkner v. Faulkner

District Court of Appeal of Florida

Faulkner v. Faulkner

629 So. 2d 1100, 1994 Fla. App. LEXIS 159, 1994 WL 9530

CourtDistrict Court of Appeal of Florida

DecidedJanuary 18, 1994

DocketNo. 92-3043

StatusPublished

This text of 629 So. 2d 1100 (Faulkner v. Faulkner) 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.

Bluebook

Faulkner v. Faulkner, 629 So. 2d 1100, 1994 Fla. App. LEXIS 159, 1994 WL 9530 (Fla. Ct. App. 1994).

Pincite

Opinion

PER CURIAM.

Gwendolyn Faulkner appeals an order granting a motion to set aside default and setting aside a Final Judgment of Dissolution of Marriage. Although a default was entered, James Faulkner received notice of the final hearing, which he failed to attend. In the Final Judgment, the trial court awarded Gwendolyn Faulkner permanent alimony. Mrs. Faulkner argues on appeal that the unsworn Motion to Set Aside Default should have been denied as facially insufficient. See Perry v. University Cabs, Inc., 344 So.2d 914 (Fla.3d DCA 1977) (defendant does not sufficiently show a meritorious defense by simply stating in an unsworn motion that one exists); Collins v. Collins, 519 So.2d 729 (Fla.2d DCA 1988) (excusable neglect must be proven by affidavit or other sworn statement). Nothing in the record, however, indicates appellant raised the facial insufficiency of the motion below. To the contrary, she filed a response and proceeded to an eviden-tiary hearing at which she did not prevail. The issue is not preserved.

AFFIRMED.

JOANOS, KAHN and WEBSTER, JJ., concur.

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

PER CURIAM.

Gwendolyn Faulkner appeals an order granting a motion to set aside default and setting aside a Final Judgment of Dissolution of Marriage. Although a default was entered, James Faulkner received notice of the final hearing, which he failed to attend. In the Final Judgment, the trial court awarded Gwendolyn Faulkner permanent alimony. Mrs. Faulkner argues on appeal that the unsworn Motion to Set Aside Default should have been denied as facially insufficient. See Perry v. University Cabs, Inc., 344 So.2d 914 (Fla.3d DCA 1977) (defendant does not sufficiently show a meritorious defense by simply stating in an unsworn motion that one exists); Collins v. Collins, 519 So.2d 729 (Fla.2d DCA 1988) (excusable neglect must be proven by affidavit or other sworn statement). Nothing in the record, however, indicates appellant raised the facial insufficiency of the motion below. To the contrary, she filed a response and proceeded to an eviden-tiary hearing at which she did not prevail. The issue is not preserved.

AFFIRMED.

JOANOS, KAHN and WEBSTER, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

629 So. 2d 1100, 1994 Fla. App. LEXIS 159, 1994 WL 9530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faulkner-v-faulkner-fladistctapp-1994.

Opinion

Related

Cite This Page — Counsel Stack