TRAVEL ENTERPRISES, INC., APPELLANT,
v.
CONSOLIDATED COMPONENTS, INC., D/B/A CONSOLIDATED COMPONENTS, TECHNICAL SERVICES AND/OR CCI TECHNICAL SERVICES, AND PHILIP E. SHERIDAN, APPELLEES

Fla. 4th DCA | 1987-02-11
No. 4-86-1694
LETTS, GLICKSTEIN and DELL, JJ., concur.
504 So. 2d 17 Florida District Court of Appeal, Fourth District (1987) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The sole issue meriting discussion is the defaulted party’s failure to supply a sworn motion or to make a sworn statement of fact at the hearing to vacate a default. In Leon Shaffer Golnick Advertising, Inc. v. Cedar, 423 So. 2d 1015 (Fla. 4th DCA 1982), this court held such failure to constitute reversible error in the absence of a stipulation. As a consequence, we reverse the trial court’s order vacating the final judgment and remand this cause for reinstatement of the trial court’s final judgment of March 17, 1986.

REVERSED AND REMANDED.

LETTS, GLICKSTEIN and DELL, JJ., concur.


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  • Evans v. State, 519 So. 2d 1158 (Fla. 5th DCA 1988)
    …IAM. Evans was charged and convicted of attempted burglary. After carefully reviewing the evidence in this case we find it legally insufficient to support the conviction. See Williams v. State, 517 So. 2d 120 (Fla. 1st DCA 1987); Feacher v. State, 504 So. 2d 17 (Fla. 5th DCA 1987). Nor is there sufficient evidence to sustain a trespass conviction. Accordingly, the judgment is reversed. REVERSED. SHARP, C.J., and COBB and COWART, JJ., concur.…
  • Warram v. State, 788 So. 2d 323 (Fla. 2d DCA 2001)
    …we hold that the evidence did prove the crime of trespass in a structure. § 810.08(2)(a), Fla. Stat. (1997). We remand with directions to adjudicate Warram guilty of trespass and to sentence him in accordance with that conviction. Feacher v. State, 504 So. 2d 17 (Fla. 5th DCA 1987). Warram raises two other points on appeal, both concerning his sentence under the Prison Releasee Reoffender Act. Because we have reversed his conviction for burglary of a dwelling, he no longer qualifies for sentencing under th…
  • Gottlieb v. Liberty Mgmt., Inc., 505 So. 2d 33 (Fla. 4th DCA 1987)
    …PER CURIAM. We reverse the trial court’s order vacating the final judgment on the authority of Travel Enterprises, Inc. v. Consolidated Components, Inc., 504 So. 2d 17 (Fla. 4th DCA 1987); Leon Shaffer Golnick Advertising, Inc. v. Cedar, 423 So. 2d 1015 (Fla. 4th DCA 1982), since the failure to supply a sworn motion or to make a sworn statement of fact at the hearing to vacate the default constitutes error. Acco…

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