Florida District Courts of Appeal, 2012

Herrera v. Rolon

Herrera v. Rolon
Florida District Courts of Appeal · Decided July 11, 2012 · Emas, Fernandez, Schwartz
91 So. 3d 935; 2012 WL 2813869; 2012 Fla. App. LEXIS 11103 (Southern Reporter, Third Series)

Herrera v. Rolon

Opinion of the Court

EMAS, J.

Finding no abuse of discretion, we affirm the trial court’s denial of appellant’s amended motion to vacate default.

However, we do so without prejudice for the trial court to consider the appellant’s pending, but as yet unheard, “Renewed Motion to Vacate Default Based Upon Newly Discovered Evidence,” which on its face seeks relief under Rule 1.540(b), Florida Rule of Civil Procedure. We express no comment on the merits of that motion.

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