Florida District Courts of Appeal, 1989

Rodriguez-Lehmann v. Conde

Rodriguez-Lehmann v. Conde
Florida District Courts of Appeal · Decided October 10, 1989 · Baskin, Cope, Ferguson
549 So. 2d 1130; 1989 Fla. App. LEXIS 5622; 1989 WL 118925 (Southern Reporter, Second Series)

Rodriguez-Lehmann v. Conde

Opinion of the Court

PER CURIAM.

It is undisputed that appellants, defendants below, did not receive notice of the motion for summary judgment or proceedings thereon. The motion for relief from judgment should have been granted pursuant to Rule 1.540(b)(4), Florida Rules of Civil Procedure. Falkner v. AmeriFirst Fed. Sav. & Loan Ass’n, 489 So.2d 758 (Fla. 3d DCA 1986). The final judgment is therefore vacated and the cause remanded for further proceedings.

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