SANDRA RENEE HAMMETT, EDWARD I. GOLDEN, AS GUARDIAN AD LITEM, APPELLANTS/CROSS-APPELLEES,
v.
VIRGINIA HAMMETT, AS GUARDIAN, APPELLEE/CROSS-APPELLANT
SANDRA RENEE HAMMETT, EDWARD I. GOLDEN, AS GUARDIAN AD LITEM, APPELLANTS/CROSS-APPELLEES,
VIRGINIA HAMMETT, AS GUARDIAN, APPELLEE/CROSS-APPELLANT
510 So. 2d 632
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
By way of her sworn testimony to that effect, the record supports the trial court’s finding that the appellee did not in fact receive the duly mailed notice of the hearing at which judgment was entered against her, thus overcoming the presumption that she did. See Abrams v. Paul, 453 So. 2d 826 (Fla. 1st DCA 1984). She was therefore entitled, as the lower court ruled, to relief from the judgment under Florida Rule of Civil Procedure 1.540(b)(4). See Falkner v. AmeriFirst Federal Savings and Loan Ass’n, 489 So. 2d 758 (Fla. 3d DCA 1986). This ruling moots the issues raised on cross-appeal.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
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Scutieri v. Miller, 584 So. 2d 15 (Fla. 3d DCA 1991)…ch he had no knowledge. See, e.g., Kanecke v. Lennar Homes, Inc., 543 So. 2d 784 (Fla. 3d DCA 1989); D'Alacio v. Intercontinental Bank, 541 So. 2d 1290 (Fla. 3d DCA 1989); Shields v. Flinn, 528 So. 2d 967, 968 (Fla. 3d DCA 1988); Hammett v. Hammett, 510 So. 2d 632 (Fla. 3d DCA 1987); Falkner v. Amerifirst Fed. Sav. & Loan Ass’n, 489 So. 2d 758, 759 (Fla. 3d DCA 1986). The trial court agreed with the principles just stated, but mistakenly believed that the matter had been resolved adversely to plaintiff by a p…
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Sterling Factors Corp. v. U.S. Bank Nat'l Ass'n, 968 So. 2d 658 (Fla. 2d DCA 2007)…declared a judgment void two years after the entry of the judgment because the defendant, over whom the court had personal jurisdiction, had been given no notice of the trial date and had not appeared for the trial. Id.; see also Hammett v. Hammett, 510 So. 2d 632 (Fla. 3d DCA 1987) (concluding in a one-paragraph opinion that a party’s failure to receive notice of hearing at which the judgment was entered entitled that party to relief from the judgment pursuant to rule 1.540(b)(4)); Falkner v. Amerifirst Fed.…
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Intercontinental Props., Inc. v. U.S. Sec. Servs., Inc., 515 So. 2d 321 (Fla. 3d DCA 1987)…rcontinental’s motion without taking testimony. This was error. Since an order or judgment entered without proper notice is void,1 Shields v. Flinn, (Fla. 3d DCA Case no. 87-1733, opinion filed, October 27,1987) [12 FLW 2473]; Hammett v. Hammett, 510 So. 2d 632 (Fla. 3d DCA 1987); Falkner v. Amerifirst Fed. Sav. & Loan, 489 So. 2d 758 (Fla. 3d DCA 1986), we vacate the 1.540 order in U.S. Security’s favor and remand for an evidentiary hearing as to whether that notice was in fact received by Intercontinenta…
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- Falkner v. Amerifirst Fed. Sav. & Loan Ass'n, 489 So. 2d 758 (Fla. 3d DCA 1986)
- Abrams v. Paul, 453 So. 2d 826 (Fla. 1st DCA 1984)