Montgomery v. JP Morgan Chase, National Ass'n

District Court of Appeal of Florida

Montgomery v. JP Morgan Chase, National Ass'n

203 So. 3d 212, 2016 Fla. App. LEXIS 17131

District Court of Appeal of Florida·Decided November 17, 2016·No. No. 1D16-2240·Published

Opinion

PER CURIAM.

Pursuant to appellee’s proper confession of error, the final order on appeal is reversed and the cause is remanded to the trial court with directions to hold an evi-dentiary hearing on appellant’s motion to vacate. See Johnson v. State, Dep’t of Revenue ex rel. Lamontagne, 973 So.2d 1236, 1239 (Fla. 1st DCA 2008) (holding that “absent record refutation of allega[213]*213tions in the motion for relief from judgment, allegations which ‘if proven, would establish that the judgment is void,’ the trial court must conduct an evidentiary hearing.”).

ROWE, MAKAR, and KELSEY, JJ., concur.

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PER CURIAM.

Pursuant to appellee’s proper confession of error, the final order on appeal is reversed and the cause is remanded to the trial court with directions to hold an evi-dentiary hearing on appellant’s motion to vacate. See Johnson v. State, Dep’t of Revenue ex rel. Lamontagne, 973 So.2d 1236, 1239 (Fla. 1st DCA 2008) (holding that “absent record refutation of allega[213]*213tions in the motion for relief from judgment, allegations which ‘if proven, would establish that the judgment is void,’ the trial court must conduct an evidentiary hearing.”).

ROWE, MAKAR, and KELSEY, JJ., concur.

Montgomery v. JP Morgan Chase, National Ass'n, 203 So. 3d 212, 2016 Fla. App. LEXIS 17131 (Fla. Ct. App. 2016).

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Opinion

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