Ullman v. Curbelo

District Court of Appeal of Florida

Ullman v. Curbelo

550 So. 2d 1178, 14 Fla. L. Weekly 2502, 1989 Fla. App. LEXIS 6118, 1989 WL 126499

CourtDistrict Court of Appeal of Florida

DecidedOctober 24, 1989

DocketNo. 89-1241

StatusPublished

Cited by1 cases

This text of 550 So. 2d 1178 (Ullman v. Curbelo) 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

Ullman v. Curbelo, 550 So. 2d 1178, 14 Fla. L. Weekly 2502, 1989 Fla. App. LEXIS 6118, 1989 WL 126499 (Fla. Ct. App. 1989).

Pincite

Opinion

CORRECTED OPINION

PER CURIAM.

We withdraw the opinion filed September 5, 1989, and in its place issue the following:

By means of a motion to set aside judgment filed pursuant to Florida Rule of Civil Procedure 1.540, appellee asserted that a post-default judgment assessing damages should' be vacated because the court had failed to conduct a trial by jury. The trial court agreed that it had acted in error and vacated the judgment. The proper vehicle for asserting error is by appeal, and not by motion to set aside judgment pursuant to Florida Rule' of Civil Procedure 1.540. Rutshaw v. Arakas, 549 So.2d 769 (Fla. 3d DCA 1989).

Reversed and remanded to the trial court with directions to reinstate the final judgment.

Free access — add to your briefcase to read the full text and ask questions with AI

CORRECTED OPINION

PER CURIAM.

We withdraw the opinion filed September 5, 1989, and in its place issue the following:

By means of a motion to set aside judgment filed pursuant to Florida Rule of Civil Procedure 1.540, appellee asserted that a post-default judgment assessing damages should' be vacated because the court had failed to conduct a trial by jury. The trial court agreed that it had acted in error and vacated the judgment. The proper vehicle for asserting error is by appeal, and not by motion to set aside judgment pursuant to Florida Rule' of Civil Procedure 1.540. Rutshaw v. Arakas, 549 So.2d 769 (Fla. 3d DCA 1989).

Reversed and remanded to the trial court with directions to reinstate the final judgment.

Cite This Page — Counsel Stack

Bluebook (online)

550 So. 2d 1178, 14 Fla. L. Weekly 2502, 1989 Fla. App. LEXIS 6118, 1989 WL 126499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ullman-v-curbelo-fladistctapp-1989.

Opinion

Related

Cite This Page — Counsel Stack