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Pierce v. Marc

District Court of Appeal of Florida, Third District
Sep 25, 2002
826 So. 2d 525 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 3D02-822

Opinion filed September 25, 2002.

An Appeal from the Circuit Court for Monroe County, Luis Garcia, Judge. Lower Tribunal No. 01-435.

Stephen E. Tunstall, Fairhope, for appellant.

Kenneth Marc, in proper person.

Before SCHWARTZ, C.J., and GERSTEN, and SORONDO, JJ.


Plaintiff Robert Pierce appeals an adverse order granting defendant Kenneth Marc's motion for relief from default judgment. We reverse.

The trial court erred in granting the defendant's motion for relief from judgment because the motion was unsworn, failed to allege either excusable neglect or a meritorious defense, and failed to provide any basis for relief under Florida Rules of Civil Procedure Rule 1.540. See Lederman v. Shore, 707 So.2d 1134 (Fla. 4th DCA 1998); Florida Specialized Carriers, Inc. v. Tierra Constr. Co. Inc., 632 So.2d 282 (Fla. 5th DCA 1994); Perry v. University Cabs, Inc., 344 So.2d 914 (Fla.3d DCA 1977). Accordingly, the order granting relief from the default judgment is reversed, and the trial court is instructed on remand to reinstate the final judgment.

Reversed and remanded with instructions.


Summaries of

Pierce v. Marc

District Court of Appeal of Florida, Third District
Sep 25, 2002
826 So. 2d 525 (Fla. Dist. Ct. App. 2002)
Case details for

Pierce v. Marc

Case Details

Full title:ROBERT PIERCE, Appellant, v. KENNETH MARC, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 25, 2002

Citations

826 So. 2d 525 (Fla. Dist. Ct. App. 2002)