Herrera v. Rolon

Full title: Jose HERRERA, Appellant, v. Celso ROLON, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: Jul 11, 2012

91 So. 3d 935 (Fla. Dist. Ct. App. 2012)

Opinion

No. 3D11–1620.

2012-07-11

Jose HERRERA, Appellant, v. Celso ROLON, Appellee.

An Appeal from a non-final order from the Circuit Court for Miami–Dade County, Barbara Areces, Judge. Adams, Adams & Baca and Robert Wade Adams; Shelly Ray Senecal, for appellant. Suarez & Montero and Andres G. Montero, Miami, for appellee.

EMAS

An Appeal from a non-final order from the Circuit Court for Miami–Dade County, Barbara Areces, Judge.

Adams, Adams & Baca and Robert Wade Adams; Shelly Ray Senecal, for appellant. Suarez & Montero and Andres G. Montero, Miami, for appellee.
Before EMAS and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge.

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.