SALLY SIMON, APPELLANT,
v.
CHARLES SIMON, APPELLEE

Fla. 3d DCA | 1976-03-23
Nos. 75-836 and 75-837
Before PEARSON and NATHAN, JJ., and CHARLES CARROLL (Ret.), Associate Judge.
328 So. 2d 495 Florida District Court of Appeal, Third District (1976) Positive Treatment
Cited by 7 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of Willey v. W. J. Hoggson Corporation, 1925, 89 Fla. 446, 105 So. 126; Simon v. Simon, Fla. App.1974, 293 So. 2d 780.


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  • Taylor v. Bowles, 570 So. 2d 1093 (Fla. 4th DCA 1990)
    …er received notice of the pending trial. “Of course the trial judge exercises discretion in ruling on 1.540(b) RCP motions, but his exercise of discretion must rest upon facts ascertainable from the record.” Moss v. State Farm Mut. Auto. Ins. Co., 328 So. 2d 495, 496 (Fla. 4th DCA 1976). Without regard to whether a party believed that he had an attorney handling his case, when the record shows that a party had no notice of the hearing on a motion for withdrawal of counsel or knowledge that he should be at t…
  • Kuhlman v. Travelers Indem. Co., 344 So. 2d 941 (Fla. 3d DCA 1977)
    …nstate the cause. See Beasley v. Girten, 61 So. 2d 179 (Fla.1952); Goldman v. Tabor, 239 So. 2d 529 (Fla.2d DCA 1970); Crystal Lake Golf Course, Inc. v. Kalin, 252 So. 2d 379 (Fla.4th DCA 1971); and cf. Moss v. State Farm Mutual Automobile Ins. Co., 328 So. 2d 495 (Fla.4th DCA 1976). Accordingly, we reverse the order denying plaintiff’s Motion to Vacate and Set Aside the Dismissal, and remand the cause with directions to vacate the order of dismissal and to place the cause on the next available trial calenda…
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