Novastar Mortgage, Inc. v. Vargas

76 So. 3d 369, 2011 Fla. App. LEXIS 20457, 2011 WL 6373014

• Court: District Court of Appeal of Florida
• Decided: December 21, 2011
• Docket: No. 3D10-3084
• Status: Published

Opinion

SHEPHERD, J.

On the authority of Carnero v. National Home Mortgage Corp., 941 So.2d 395, 395-96 (Fla. 3d DCA 2006), we reverse the nonfinal order granting the foreclosure defendants’ emergency motion to set aside summary judgment pursuant to Florida Rule of Civil Procedure 1.540(b) because, as in Camero, “the motion seeking relief under this rule was unsworn as to the claim of excusable neglect and there was no sworn evidence of excusable negligence otherwise adduced at the hearing below.”

Reversed and remanded with directions to reinstate the final summary judgment of foreclosure and for further proceedings in compliance therewith.