BARBARA M. LINTHICUM, APPELLANT,
v.
JOHN S. BERRY, APPELLEE

Fla. 1st DCA | 1988-10-19
No. 88-128
ERVIN, WENTWORTH and ZEHMER, JJ., concur.
532 So. 2d 97 Florida District Court of Appeal, First District (1988) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

[*98] PER CURIAM.

On the record we have before us, the allegations contained in appellant’s motion, styled “for rehearing,” set out a sufficient basis for relief from judgment, in that appellant alleged that, without her knowledge, her attorney failed to appear at a noticed hearing or otherwise represent her. The record discloses that her attorney never withdrew as her counsel. See Fla.Bar R.Prof.Conduct, Rules 4-1.3, 4-1.4, 4-1.16. The cause is therefore remanded to the trial court in order that appellant be given an opportunity to defend appellee’s motion for fees, in that it appears prima facie that she has a meritorious defense.

REVERSED AND REMANDED.

ERVIN, WENTWORTH and ZEHMER, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Burke v. Reyes, 687 So. 2d 929 (Fla. 3d DCA 1997)
    …red an opposite ruling, and due diligence in bringing the motion, we conclude that the trial court erred in denying her Rule 1.540 motion for relief from that judgment. See Franklin v. Franklin, 673 So. 2d 401 (Fla. 3d DCA 1991); Linthicum v. Berry, 532 So. 2d 97 (Fla. 1st DCA 1988); Pennington v. Pennington, 390 So. 2d 809 (Fla. 5th DCA 1980). The order under review is therefore reversed and the cause remanded for an expeditious trial.…
  • Bickel v. Richard & Pamela Mabry, Inc., 558 So. 2d 178 (Fla. 2d DCA 1990)
    …otion to withdraw or of the trial court’s order granting that motion. See Gulf Southwestern Corp., Inc. v. Becker, 489 So. 2d 1220 (Fla. 2d DCA 1986); Grahn v. Dade Home Services, Inc., 277 So. 2d 544 (Fla. 3d DCA 1973). See also Linthicum v. Berry, 532 So. 2d 97 (Fla. 1st DCA 1988). Reversed and remanded for a new trial. LEHAN, A.C.J., and PARKER and ALTENBERND, JJ., concur.…
  • Love v. Gruner, 658 So. 2d 1180 (Fla. 4th DCA 1995)
    …parte hearing, concluding that it was an abuse of discretion to deny the former husband/appellant’s motion for rehearing under the circumstances presented to the trial court. See Lahti v. Porn, 624 So. 2d 765 (Fla. 4th DCA 1993); Linthicum v. Berry, 532 So. 2d 97 (Fla. 1st DCA 1988); Marx v. Redd, 368 So. 2d 101 (Fla. 4th DCA 1979); Crystal Lake Golf Course, Inc. v. Kalin, 252 So. 2d 379 (Fla. 4th DCA 1971). The facts set out in Appellant’s verified motion for rehearing are undisputed. Appellant’s counsel…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw