Patricia Russell Designs, Inc. v. Gans

District Court of Appeal of Florida

Patricia Russell Designs, Inc. v. Gans

277 So. 2d 801, 1973 Fla. App. LEXIS 6797

CourtDistrict Court of Appeal of Florida

DecidedMay 22, 1973

DocketNo. 73-162

StatusPublished

Cited by1 cases

This text of 277 So. 2d 801 (Patricia Russell Designs, Inc. v. Gans) 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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Patricia Russell Designs, Inc. v. Gans, 277 So. 2d 801, 1973 Fla. App. LEXIS 6797 (Fla. Ct. App. 1973).

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Opinion

PER CURIAM.

This interlocutory appeal brings up for review an order of the trial court denying appellant’s motion for relief from final judgment under Rule 1.540(b), F.R.C.P., 31 F.S.A. It is appellant’s contention that the court abused its discretion in failing to grant appellant’s relief from the final judgment.

The record reveals that appellant’s motion was timely filed and supported by an affidavit setting out facts relied upon for relief. The motion was denied without a hearing before the trial judge. We will not deal with the merits of appellant’s contention at this time since we are of the opinion that the trial judge abused his discretion in not allowing appellant a hearing on his motion. Accordingly, we must reverse the order appealed from with directions to grant a hearing on the merits of appellant’s motion for relief.

Reversed and remanded with directions.

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PER CURIAM.

This interlocutory appeal brings up for review an order of the trial court denying appellant’s motion for relief from final judgment under Rule 1.540(b), F.R.C.P., 31 F.S.A. It is appellant’s contention that the court abused its discretion in failing to grant appellant’s relief from the final judgment.

The record reveals that appellant’s motion was timely filed and supported by an affidavit setting out facts relied upon for relief. The motion was denied without a hearing before the trial judge. We will not deal with the merits of appellant’s contention at this time since we are of the opinion that the trial judge abused his discretion in not allowing appellant a hearing on his motion. Accordingly, we must reverse the order appealed from with directions to grant a hearing on the merits of appellant’s motion for relief.

Reversed and remanded with directions.

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277 So. 2d 801, 1973 Fla. App. LEXIS 6797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patricia-russell-designs-inc-v-gans-fladistctapp-1973.

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