Hernandez v. National Bank of Florida

Florida District Courts of Appeal
Hernandez v. National Bank of Florida, 423 So. 2d 920 (1982)
1982 Fla. App. LEXIS 28594
Hendry, Owen, Ret, Schwartz

Hernandez v. National Bank of Florida

Opinion of the Court

PER CURIAM.

The trial court abused its discretion in denying, without an evidentiary hearing, the motion to vacate and set aside the final judgment entered after default. Travelers Insurance Co. v. Davis, 371 So.2d 702 (Fla. 3d DCA 1979); Flynt v. Flynt, 336 So.2d 690 (Fla. 4th DCA 1976); Patricia Russell Designs, Inc. v. Gans, 277 So.2d 801 (Fla. 3d DCA 1973). See generally Upshaw v. Dade County, 247 So.2d 337 (Fla. 3d DCA 1971). Accordingly, the order appealed from is reversed and the cause remanded to the court below with directions to hold an evidentiary hearing to determine the validity of service of process upon the appellee.

Reference

Full Case Name
Clemente HERNANDEZ v. NATIONAL BANK OF FLORIDA, a national banking association, f/k/a Boulevard National Bank of Miami
Cited By
1 case
Status
Published