International Design & Display Group, Inc. v. Barnett Bank of South Florida, N.A.

District Court of Appeal of Florida

International Design & Display Group, Inc. v. Barnett Bank of South Florida, N.A.

590 So. 2d 554, 1991 Fla. App. LEXIS 13428, 1991 WL 272713

CourtDistrict Court of Appeal of Florida

DecidedDecember 24, 1991

DocketNo. 91-2694

StatusPublished

Cited by1 cases

This text of 590 So. 2d 554 (International Design & Display Group, Inc. v. Barnett Bank of South Florida, N.A.) 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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International Design & Display Group, Inc. v. Barnett Bank of South Florida, N.A., 590 So. 2d 554, 1991 Fla. App. LEXIS 13428, 1991 WL 272713 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Appellee Barnett Bank-<rf"South Florida, N.A., correctly concedes that the trial court abused its discretion in setting aside the amended final judgment, Fla.R.Civ.P. 1.540(b), where, as here, Barnett Bank failed to allege facts justifying such relief and to submit affidavits or other sworn statements in support of its request for relief. Napco Paints, Inc. v. LaPorte [555]*555(U.S.), Inc., 490 So.2d 1023 (Fla. 3d DCA 1986); Newkirk v. Florida Ins. Guar. Ass'n, Inc., 464 So.2d 1256 (Fla. 3d DCA 1985); Tompkins v. Kraemer, 402 So.2d 35 (Fla. 3d DCA 1981). We, therefore, reverse the order setting aside the judgment. On remand, the trial court is directed to reinstate the judgment.

Reversed and remanded.

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PER CURIAM.

Appellee Barnett Bank-<rf"South Florida, N.A., correctly concedes that the trial court abused its discretion in setting aside the amended final judgment, Fla.R.Civ.P. 1.540(b), where, as here, Barnett Bank failed to allege facts justifying such relief and to submit affidavits or other sworn statements in support of its request for relief. Napco Paints, Inc. v. LaPorte [555]*555(U.S.), Inc., 490 So.2d 1023 (Fla. 3d DCA 1986); Newkirk v. Florida Ins. Guar. Ass'n, Inc., 464 So.2d 1256 (Fla. 3d DCA 1985); Tompkins v. Kraemer, 402 So.2d 35 (Fla. 3d DCA 1981). We, therefore, reverse the order setting aside the judgment. On remand, the trial court is directed to reinstate the judgment.

Reversed and remanded.

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590 So. 2d 554, 1991 Fla. App. LEXIS 13428, 1991 WL 272713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-design-display-group-inc-v-barnett-bank-of-south-fladistctapp-1991.

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