INTERNATIONAL DESIGN & DISPLAY GROUP, INC., A FLORIDA CORPORATION, AND IAN B. QUINTON, INDIVIDUALLY, APPELLANTS,
v.
BARNETT BANK OF SOUTH FLORIDA, N.A., A NATIONAL BANKING ASSOCIATION, APPELLEE

Fla. 3d DCA | 1991-12-24
No. 91-2694
Before SCHWARTZ, C.J., and BASKIN and GODERICH, JJ.
590 So. 2d 554 Florida District Court of Appeal, Third District (1991) Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellee Barnett Bank-<rf"South Florida, N.A., correctly concedes that the trial court abused its discretion in setting aside the amended final judgment, Fla.R.Civ.P. 1.540(b), where, as here, Barnett Bank failed to allege facts justifying such relief and to submit affidavits or other sworn statements in support of its request for relief. Napco Paints, Inc. v. LaPorte (U.S.), Inc., 490 So. 2d 1023 (Fla. 3d DCA 1986); Newkirk v. Florida Ins. Guar. Ass'n, Inc., 464 So. 2d 1256 (Fla. 3d DCA 1985); Tompkins v. Kraemer, 402 So. 2d 35 (Fla. 3d DCA 1981). We, therefore, reverse the order setting aside the judgment. On remand, the trial court is directed to reinstate the judgment.

Reversed and remanded.

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  • Dep't OF Health & Rehabilitative Servs. (Uresa) v. Schein, 616 So. 2d 598 (Fla. 4th DCA 1993)
    …tion. The order itself does not recite that it is agreed to. Without agreement the order would be erroneous as there was no evidence to support the allegations of the motion for relief. See International Design & Display Group, Inc. v. Barnett Bank, 590 So. 2d 554 (Fla. 3d DCA 1991). [*600] We therefore reverse and remand to the trial court to determine whether the order it entered was agreed to by the parties, and if not, to conduct a hearing on the motion for relief at which time appellee can present eviden…

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