Florida District Courts of Appeal, 2011

Novastar Mortgage, Inc. v. Vargas

Novastar Mortgage, Inc. v. Vargas
Florida District Courts of Appeal · Decided December 21, 2011 · Ramirez, Shepherd, Suarez
76 So. 3d 369; 2011 Fla. App. LEXIS 20457; 2011 WL 6373014 (Southern Reporter, Third Series)

Novastar Mortgage, Inc. v. Vargas

Opinion of the Court

SHEPHERD, J.

On the authority of Carnero v. National Home Mortgage Corp., 941 So.2d 395, 395-96 (Fla. 3d DCA 2006), we reverse the nonfinal order granting the foreclosure defendants’ emergency motion to set aside summary judgment pursuant to Florida Rule of Civil Procedure 1.540(b) because, as in Camero, “the motion seeking relief under this rule was unsworn as to the claim of excusable neglect and there was no sworn evidence of excusable negligence otherwise adduced at the hearing below.”

Reversed and remanded with directions to reinstate the final summary judgment of foreclosure and for further proceedings in compliance therewith.

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