Pierce v. Marc

District Court of Appeal of Florida

Pierce v. Marc

826 So. 2d 525, 2002 Fla. App. LEXIS 13931, 2002 WL 31114768

CourtDistrict Court of Appeal of Florida

DecidedSeptember 25, 2002

DocketNo. 3D02-822

StatusPublished

This text of 826 So. 2d 525 (Pierce v. Marc) 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.

Bluebook

Pierce v. Marc, 826 So. 2d 525, 2002 Fla. App. LEXIS 13931, 2002 WL 31114768 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

Plaintiff Robert Pierce appeals an adverse order granting defendant Kenneth Marc’s motion for relief from default judgment. We reverse.

The trial court erred in granting the defendant’s motion for relief from judgment because the motion was unsworn, failed to allege either excusable neglect or a meritorious defense, and failed to provide any basis for relief under Florida Rules of Civil Procedure Rule 1.540. See Lederman v. Shore, 707 So.2d 1134 (Fla. 4th DCA 1998); Florida Specialized Carriers, Inc. v. Tierra Constr. Co. Inc., 632 So.2d 282 (Fla. 5th DCA 1994); Perry v. University Cabs, Inc., 344 So.2d 914 (Fla. 3d DCA 1977). Accordingly, the order granting relief from the default judgment is reversed, and the trial court is instructed on remand to reinstate the final judgment.

Reversed and remanded with instructions.

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PER CURIAM.

Plaintiff Robert Pierce appeals an adverse order granting defendant Kenneth Marc’s motion for relief from default judgment. We reverse.

The trial court erred in granting the defendant’s motion for relief from judgment because the motion was unsworn, failed to allege either excusable neglect or a meritorious defense, and failed to provide any basis for relief under Florida Rules of Civil Procedure Rule 1.540. See Lederman v. Shore, 707 So.2d 1134 (Fla. 4th DCA 1998); Florida Specialized Carriers, Inc. v. Tierra Constr. Co. Inc., 632 So.2d 282 (Fla. 5th DCA 1994); Perry v. University Cabs, Inc., 344 So.2d 914 (Fla. 3d DCA 1977). Accordingly, the order granting relief from the default judgment is reversed, and the trial court is instructed on remand to reinstate the final judgment.

Reversed and remanded with instructions.

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826 So. 2d 525, 2002 Fla. App. LEXIS 13931, 2002 WL 31114768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-marc-fladistctapp-2002.

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