AELITA IZULINA
v.
IMMIGRATION CENTER OF EKATERINA MOURATOVA, P.A.
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A party seeking relief from judgment based on excusable neglect must present sworn statements or affidavits and sufficient evidence meeting the requirements of rule 1.540(b), or the trial court abuses its discretion in vacating the judgment.
[1] A party seeking relief from judgment under rule 1.540(b) based on excusable neglect must present sworn statements or affidavits and produce sufficient evidence supporting…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In order to show excusable neglect, the moving party 'must produce sufficient evidence of . . . excusable neglect . . . as contemplated by rule 1.540(b) before the court's equity jurisdiction may be invoked.'”
Rodriguez v. Falcones, 314 So. 3d 469, 471 (Fla. 3d DCA 2020)
Aelita Izulina appealed a circuit court decision in Miami-Dade County. The appellant sought relief from judgment, apparently based on a claim of excus…
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Third District Court of Appeal State of Florida
Opinion filed July 30, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-1913 Lower Tribunal No. 24-17668-CA-01
Aelita Izulina, Appellant,
vs.
Immigration Center of Ekaterina Mouratova, P.A., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Daryl E. Trawick, Judge.
Martin Druyan & Associates Attorneys and B. Martin Druyan (Boca Raton), for appellant.
Cotzen Law, P.A., and Michael L. Cotzen, for appellee.
Before LINDSEY, MILLER and LOBREE, JJ.
PER CURIAM.
Affirmed. See Noel v. James B. Nutter & Co., 232 So. 3d 1112, 1116
(Fla. 3d DCA 2017) (stating that "[e]xcusable neglect must be proven by sworn statements or affidavits” (quoting Elliott v. Aurora Loan Servs. LLC, 31 So. 3d 304, 307 (Fla. 4th DCA 2010))); Rodriguez v. Falcones, 314 So. 3d 469, 471 (Fla. 3d DCA 2020) (“In order to show excusable neglect, the moving party 'must produce sufficient evidence of . . . excusable neglect . . . as contemplated by rule 1.540(b) before the court's equity jurisdiction may be invoked.' If the movant fails to present evidence supporting a legal ground for relief from the judgment, it is an abuse of the trial court's discretion to vacate that judgment." (citation omitted) (quoting Bank of New York Mellon v. Peterson, 208 So. 3d 1218, 1222 (Fla. 2d DCA 2017))); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory.”); Cerella v. Rinker Materials Corp., 313 So. 2d 85, 85 (Fla. 4th DCA 1975) (affirming denial of motion to vacate default judgment where appellant's “primary motion is unsworn and is non-evidentiary" and record lacked transcript of hearing "and such testimony as may have been taken”). 2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Elliott v. Aurora Loan Servs., LLC, 31 So. 3d 304 (Fla. 4th DCA 2010)
- Saint Luc Jean Noel v. James B. Nutter & Co., 232 So. 3d 1112 (Fla. 3d DCA 2017)
- The Bank OF NEW York Mellon v. Est. of James D. Peterson, 208 So. 3d 1218 (Fla. 2d DCA 2017)
- Janiel Rodriguez v. Falcones, 314 So. 3d 469 (Fla. 3d DCA 2020)
- Cerella v. Rinker Materials Corp., 313 So. 2d 85 (Fla. 4th DCA 1975)