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

CourtDistrict Court of Appeal of Florida

DecidedNovember 2, 1982

DocketNo. 81-1381

StatusPublished

Cited by1 cases

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

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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.

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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.

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423 So. 2d 920, 1982 Fla. App. LEXIS 28594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-national-bank-of-florida-fladistctapp-1982.

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