VERNAL AMTRI TURNQUEST, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
VERNAL AMTRI TURNQUEST, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
364 So. 2d 539
Florida District Court of Appeal, Third District (1978)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
Following review of the motion to vacate, the order denying said motion, and the record filed in support of that ruling, it is ordered that the relief sought herein is denied. See: Fuller v. Wainwright, 238 So. 2d 65 (Fla.1970); Saunders v. State, 238 So. 2d 680 (Fla.3d DCA 1970); State v. Matera, 266 So. 2d 661 (Fla.1972); J. W. v. State, 281 So. 2d 48 (Fla.3d DCA 1973); Phillips v. State, 313 So. 2d 428 (Fla.3d DCA 1975); Neal v. State, 349 So. 2d 844 (Fla.2d DCA 1977).
Affirmed.
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Blimpie Cap. Venture, Inc. v. Palms Plaza P'rs, Ltd., 636 So. 2d 838 (Fla. 2d DCA 1994)…ney for Palms Plaza brought this shortcoming to the attention of the trial court by noting the absence of any factual basis to which he could respond.1 We conclude that the trial court was correct in denying the motion. As was held in Yu v. Weaver, 364 So. 2d 539, 540 (Fla. 4th DCA 1978), such an “unsworn motion without more did not warrant vacating a prior final judgment which on its face appeared proper.”2 Moreover, this proof deficiency was not cured by the factual representations made by Blimpie’s attorn…
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Hyun LEE and Oh Hi Lee v. Su Shin Chung and Yang Soon Chung, 528 So. 2d 1313 (Fla. 2d DCA 1988)…648 (Fla. 3d DCA 1976). Where, as here, there is an unsworn motion, not supported by evidence of any sort at the hearing, the motion, without more, does not warrant vacating a prior final judgment which on its face appears proper. See Yu v. Weaver, 364 So. 2d 539 (Fla. 4th DCA 1978). A party moving to vacate a default [*1316] must set forth facts explaining or justifying the mistake or inadvertence by affidavit or other sworn statement. B.C. Builders Supply Co. v. Maldonado, 405 So. 2d 1345 (Fla. 3d DCA 1981…
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Pertz v. Zohar, 556 So. 2d 459 (Fla. 2d DCA 1990)…313 (Fla. 2d DCA 1988): Where, as here, there is an unsworn motion, not supported by evidence of any sort at the hearing, the motion, without more, does not warrant vacating a prior final judgment which on its face appears proper. See Yu v. Weaver, 364 So. 2d 539 (Fla. 4th DCA 1978). A party moving to vacate a default must set forth facts explaining or justifying the mistake or inadvertence by affidavit or other sworn statement. B. C. Builders Supply Co. v. Maldonado, 405 So. 2d 1345 (Fla. 3d DCA 1981). A mo…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Matera, 266 So. 2d 661 (Fla. 1972)
- Fuller v. Wainwright, 238 So. 2d 65 (Fla. 1970)
- Phillips v. State, 313 So. 2d 428 (Fla. 3d DCA 1975)
- Neal v. State, 349 So. 2d 844 (Fla. 2d DCA 1977)
- Saunders v. State, 238 So. 2d 680 (Fla. 3d DCA 1970)
- Alton McCALL v. State, 281 So. 2d 48 (Fla. 3d DCA 1973)
- J. W. v. State, 281 So. 2d 48 (Fla. 3d DCA 1973)