ANGELA M. GOVONI, JOINED BY HER HUSBAND, BRUNO GOVONI, APPELLANTS,
v.
P. K. BLACKWELL AND STEPHANIE BLACKWELL, HIS WIFE, APPELLEES
By this appeal, the appellants seek review of an order setting aside a final judgment rendered at the trial, wherein the defendants-appellees were not present. In his order vacating the final judgment, the trial judge found that the matter had proceeded to trial without notice to the defendants.
It is incumbent upon the appellant to demonstrate an abuse of discretion on the part of the trial judge in setting aside the final judgment. See: North Shore Hospital, Inc. v. Barber, Fla.1962, 143 So.2d 849; Florida Investment Enterprises, Inc. v. Kentucky Co., Fla.App. 1964, 160 So.2d 733. The appellant has failed to demonstrate, from the record on appeal, any error or abuse of discretion in the action of the trial judge and, therefore, same is hereby affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Crusoe v. State, 183 So. 2d 600 (Fla. 2d DCA 1966)…riminal Procedure Rule No. 1 specifically provides inter alia that— “The sentencing court shall not be required to entertain a second or successive motion for similar relief on behalf of the same prisoner.” See also Manning v. State, Fla.App.1964, 167 So. 2d 616; Simpson v. State, Fla.App. 1964, 165 So. 2d 195. Finally, with reference to the competency of defendant’s counsel, the motion is clearly insufficient. The record shows that defendant was represented by the Public Defender at the time he changed hi…
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Carpenter v. State, 176 So. 2d 610 (Fla. 3d DCA 1965)…under review, contains substantially the same allegations as those contained in the two previous petitions. We find no error in the trial judge’s denial of this last petition and, therefore, we affirm his action. See: Manning v. State, Fla.App.1964, 167 So. 2d 616; Rankin v. State, Fla.App. 1964, 168 So. 2d 324. Affirmed.…
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Noffie Quller Johnson v. State, 181 So. 2d 667 (Fla. 1st DCA 1966)…ial differences between appellant’s two motions to vacate. This appeal simply reasserts the matters complained of on the former appeal. The trial court was under no duty to entertain a second or successive motion as here filed. See Manning v. State, 167 So. 2d 616 (Fla.App.1964). We take note of the fact that appellant claims he appeared before the committing magistrate without benefit of counsel, that he was without funds to employ counsel, and that the magistrate did not advise him of his right to counsel…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- N. Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla. 1962)
- Fla. Inv. Enters., Inc. v. The Ky. Co., Inc., 160 So. 2d 733 (Fla. 1st DCA 1964)