LEONARD LEDERMAN, APPELLANT,
v.
CINDY M. SHORE, APPELLEE
PER CURIAM.
Leonard Lederman appeals the trial court’s order denying his motion to vacate a clerk’s default. We are unpersuaded that the trial court erred in declining to accept Lederman and his counsel’s unsworn “affidavits” as a basis for showing excusable neglect, and therefore affirm.
With regard to the “affidavits,” the attestations fail to state that the affiants swore to the truth of the contents, or even took an oath. See Scott v. State, 464 So. 2d 1171 (Fla.1985). Further, appellant has' not provided a transcript of the hearing on his motion to set aside the default. He is, thus, unable to establish error. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979).
AFFIRMED.
DELL, POLEN and GROSS, JJ., concur.
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Baez v. Padron, 715 So. 2d 1128 (Fla. 3d DCA 1998)…proceedings below, we cannot resolve the issues raised in this appeal. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979); see also Bankers Ins. Co. v. Grenko, 707 So. 2d 1185, 1185 (Fla. 4th DCA 1998); Lederman v. Shore, 707 So. 2d 1134, 1135 (Fla. 4th DCA 1998); Rodwin-Pines v. Pines, 706 So. 2d 946, 946 (Fla. 3d DCA 1998). Accordingly, we must affirm the final judgment entered pursuant to the jury’s verdict. Affirmed.…
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Stainless Marine, Inc. v. Cobra Sport Fishing Boats, Inc., 778 So. 2d 1026 (Fla. 3d DCA 2001)…is no transcript of the proceedings before the trial judge, nor any record substitute, see Fla.R.App.P. 9.200(a)(4), (b)(4), and therefore no way to know whether these arguments were presented by plaintiff to the trial court. See Lederman v. Shore, 707 So. 2d 1134, 1135 (Fla. 4th DCA 1998); Ram Coating Tech. Corp. v. Courtaulds Coatings, Inc., 625 So. 2d 97, 98 (Fla. 1st DCA 1993). We therefore decline to disturb the order now under review. Affirmed.…
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Pierce v. Marc, 826 So. 2d 525 (Fla. 3d DCA 2002)…motion for relief from judgment because the motion was unsworn, failed to allege either excusable neglect or a meritorious defense, and failed to provide any basis for relief under Florida Rules of Civil Procedure Rule 1.540. See Lederman v. Shore, 707 So. 2d 1134 (Fla. 4th DCA 1998); Florida Specialized Carriers, Inc. v. Tierra Constr. Co. Inc., 632 So. 2d 282 (Fla. 5th DCA 1994); Perry v. University Cabs, Inc., 344 So. 2d 914 (Fla. 3d DCA 1977). Accordingly, the order granting relief from the default judgme…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Scott v. State, 464 So. 2d 1171 (Fla. 1985)