Hernandez v. National Bank of Florida

District Court of Appeal of Florida

Hernandez v. National Bank of Florida

423 So. 2d 920, 1982 Fla. App. LEXIS 28594

District Court of Appeal of Florida·Decided November 2, 1982·No. No. 81-1381·Published·Cited by 1 cases

Opinion

PER CURIAM.

The trial court abused its discretion in denying, without an evidentiary hearing, the motion to vacate and set aside the final judgment entered after default. Travelers Insurance Co. v. Davis, 371 So.2d 702 (Fla. 3d DCA 1979); Flynt v. Flynt, 336 So.2d 690 (Fla. 4th DCA 1976); Patricia Russell Designs, Inc. v. Gans, 277 So.2d 801 (Fla. 3d DCA 1973). See generally Upshaw v. Dade County, 247 So.2d 337 (Fla. 3d DCA 1971). Accordingly, the order appealed from is reversed and the cause remanded to the court below with directions to hold an evidentiary hearing to determine the validity of service of process upon the appellee.

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

PER CURIAM.

The trial court abused its discretion in denying, without an evidentiary hearing, the motion to vacate and set aside the final judgment entered after default. Travelers Insurance Co. v. Davis, 371 So.2d 702 (Fla. 3d DCA 1979); Flynt v. Flynt, 336 So.2d 690 (Fla. 4th DCA 1976); Patricia Russell Designs, Inc. v. Gans, 277 So.2d 801 (Fla. 3d DCA 1973). See generally Upshaw v. Dade County, 247 So.2d 337 (Fla. 3d DCA 1971). Accordingly, the order appealed from is reversed and the cause remanded to the court below with directions to hold an evidentiary hearing to determine the validity of service of process upon the appellee.

Hernandez v. National Bank of Florida, 423 So. 2d 920, 1982 Fla. App. LEXIS 28594 (Fla. Ct. App. 1982).

Pincite

423 So. 2d 920 (Hernandez v. National Bank of Florida) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related