Jones v. Massimo Rizzo, L.L.C.

109 So. 3d 881, 2013 WL 1136445, 2013 Fla. App. LEXIS 4444

• Court: District Court of Appeal of Florida
• Decided: March 20, 2013
• Docket: No. 3D12-495
• Status: Published

Opinion

PER CURIAM.

In contravention of the well-settled requirement for asserting excusable neglect, Appellant’s motion to set aside the final judgment in this case was unsupported by sworn statements or affidavits. See Chase Home Loans, LLC, v. Sosa, 104 So.3d 1240, 1240 (Fla. 3d DCA 2012) (“[A]s we often have said, unsworn representations of counsel about factual matters do not have any evidentiary weight in the absence of a stipulation.”); see also Lederman v. Shore, 707 So.2d 1134, 1135 (Fla. 4th DCA 1998) (rejecting affidavits not made under oath). For this reason, we affirm.

Affirmed.

FERNANDEZ, J., concurs in result only.