ELIZABETH DUNCAN, APPELLANT,
v.
ROY W. ALLMAN, APPELLEE
ELIZABETH DUNCAN, APPELLANT,
ROY W. ALLMAN, APPELLEE
386 So. 2d 6
Florida District Court of Appeal, Fourth District (1979)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This is an appeal from the denial of a motion to vacate a final judgment filed pursuant to Florida Rule of Civil Procedure 1.540(b). We have examined the record and find that the defendant/appellant’s affidavit filed in support of this motion does not contain facts sufficient to support relief under Rule 1.540(b). In addition, no record of the hearing on the motion has been filed with this court and we are advised by appellate counsel for the parties that no court reporter was present at the hearing. We note that appellate counsel was not trial counsel. The order below is, therefore, affirmed.
AFFIRMED.
LETTS, MOORE and BERANEK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Tompkins v. Kraemer, 402 So. 2d 35 (Fla. 3d DCA 1981)…So. 2d 271 (Fla.3d DCA 1978). In this case, the motion could not be considered as one praying for relief from judgment because no ultimate facts were alleged to activate the provisions of Florida Rule of Civil Procedure 1.540(b). Duncan v. Allman, 386 So. 2d 6 (Fla.4th DCA 1979). See, American National Bank v. Lau, 268 So. 2d 567 (Fla.2d DCA 1972), cert. denied, 273 So. 2d 81 (Fla.1973). This disposition renders it unnecessary to determine whether the defendants were entitled, under the substantive law,…