CLEMENTE HERNANDEZ, APPELLANT,
v.
NATIONAL BANK OF FLORIDA, A NATIONAL BANKING ASSOCIATION, F/K/A BOULEVARD NATIONAL BANK OF MIAMI, APPELLEE
CLEMENTE HERNANDEZ, APPELLANT,
NATIONAL BANK OF FLORIDA, A NATIONAL BANKING ASSOCIATION, F/K/A BOULEVARD NATIONAL BANK OF MIAMI, APPELLEE
423 So. 2d 920
Florida District Court of Appeal, Third District (1982)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The trial court abused its discretion in denying, without an evidentiary hearing, the motion to vacate and set aside the final judgment entered after default. Travelers Insurance Co. v. Davis, 371 So. 2d 702 (Fla. 3d DCA 1979); Flynt v. Flynt, 336 So. 2d 690 (Fla. 4th DCA 1976); Patricia Russell Designs, Inc. v. Gans, 277 So. 2d 801 (Fla. 3d DCA 1973). See generally Upshaw v. Dade County, 247 So. 2d 337 (Fla. 3d DCA 1971). Accordingly, the order appealed from is reversed and the cause remanded to the court below with directions to hold an evidentiary hearing to determine the validity of service of process upon the appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Vacation Escape, Inc. v. Mich. Nat'l Bank, 735 So. 2d 528 (Fla. 4th DCA 1999)…dgment without first ruling on appellee’s motion to vacate the clerk’s default as to Count I, the trial court denied appellant’s motion without an evi- [*530] dentiary hearing. This was an abuse of discretion. See Hernandez v. National Bank of Fla., 423 So. 2d 920 (Fla. 3d DCA 1982). Accordingly, we reverse the final default judgment as to Count I, and remand for further proceedings consistent herewith. REVERSED and REMANDED. POLEN and STEVENSON, JJ., concur.…
Authorities Cited
- The Travelers Ins. Co. v. Davis, 371 So. 2d 702 (Fla. 3d DCA 1979)
- Flynt v. Flynt, 336 So. 2d 690 (Fla. 4th DCA 1976)
- City OF W. Miami v. Isern, 247 So. 2d 337 (Fla. 3d DCA 1971)
- Patricia Russell Designs, Inc. v. Gans, 277 So. 2d 801 (Fla. 3d DCA 1973)