SEINSHEIMER COMPANIES, INC., ET AL., APPELLANTS,
v.
COBIA POINT CONDOMINIUM ASSOCIATION, INC., APPELLEE
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The trial court abused its discretion in denying the defendants' motion for relief from judgment.
The defendants' attorney withdrew without proper notice to the defendants, and the pretrial order was sent to the withdrawn attorney instead of direct…
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PER CURIAM.
Seinsheimer Companies, Inc., Robert J. Gronek and Walter G. Seinsheimer, Jr. [collectively referred to as defendants] appeal from the trial court’s order denying their motion for relief from judgment. We reverse.
The plaintiff, Cobia Point Condominium Association, Inc., concedes and the record reflects that the defendants’ attorney’s withdrawal was not in compliance with Rule 2.060(i), Florida Rules of Judicial Administration, since the defendants were not served with the motion to withdraw and the notice of hearing. Moreover, the trial court entered a pretrial order reflecting the date that the trial was going to start. However, the record also reflects that the pretrial order was not furnished directly to the defendants, but to the defendants’ attorney who had already withdrawn with instructions to forward the order to the defendants.
We find that under the circumstances, the trial court abused its discretion in denying the defendants’ motion for relief from judgment. See Clement v. Marcus, Stowell & Beye, Inc., 516 So. 2d 1137 (Fla. 4th DCA 1987); Gulf Southwestern Corp., Inc. v. Becker, 489 So. 2d 1220 (Fla. 2d DCA 1986); Saharuni v. Saharuni, 343 So. 2d 674 (Fla. 2d DCA 1977); Fla.R.Civ.P. 1.540(b). .
Accordingly, we reverse and remand for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
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Baxter v. Baxter, 684 So. 2d 886 (Fla. 5th DCA 1996)…e served on the client and adverse parties. The motion shall be set for hearing and notice of hearing shall be served on the client and adverse parties. (Emphasis added.) See Seinsheimer Companies, Inc. v. Cobia Point Condominium Association, Inc., 616 So. 2d 1136 (Fla. 3d DCA1993). The record does reflect that no notice of the hearing on the motion to withdraw was filed in this case. In an earlier dissolution action, this wife of 36 months was awarded rehabilitative alimony. In this action, she is seeking…
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Bermuda Atl. Line Ltd. v. Fla. E. Coast Ry. Co., 622 So. 2d 489 (Fla. 1st DCA 1993)…default, of which appellants had no notice. Under these circumstances, we find that the trial court abused its discretion in denying the defendant’s motion for relief from the default judgment. Seinsheimer Co., Inc. v. Cobia Point Condominium Ass’n, 616 So. 2d 1136 (Fla. 3d DCA 1993). We therefore reverse. ERVIN and WOLF, JJ., and CAWTHON, Senior Judge, concur. . We decline to impute notice of this order to appellant where appellant's counsel did not actually contact appellant but rather faxed the order t…1 / 2
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Saenz v. Pena, 754 So. 2d 826 (Fla. 3d DCA 2000)…did not serve a copy of her motion to withdraw on her client, thereby violating the mandatory requirements of the rule. See Baxter v. Baxter, 684 So. 2d 886 (Fla. 5th DCA 1996). See also Seinsheimer Cos., Inc. v. Cobia Point Condominium Ass’n, Inc., 616 So. 2d 1136 (Fla. 3d DCA 1993). Because a violation of the rule is apparent on the face of the record, sworn proof of lack of notice was not necessary. We reverse the order denying the motion to set aside the judgment and remand with instructions to grant the…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Saharuni v. Seda Nercession Saharuni, 343 So. 2d 674 (Fla. 2d DCA 1977)
- Clement v. Marcus, 516 So. 2d 1137 (Fla. 4th DCA 1987)
- Althea M. Lachicotte & Searcy & Facciolo, P.A. v. Bronk, 489 So. 2d 1220 (Fla. 2d DCA 1986)