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Bryant v. Schmoor

District Court of Appeal of Florida, Third District
Feb 18, 1981
393 So. 2d 41 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-1146.

January 20, 1981. Rehearing Denied February 18, 1981.

Appeal from Circuit Court, Dade County; Stuart M. Simons, Judge.

Richard E. Doherty, Miami, for appellant.

No appearance for appellees.

Before HUBBART, C.J., and BARKDULL and HENDRY, JJ.


The order denying the appellant's motion to set aside the final judgment [see Fla.R. Civ.P. 1.540(b)] entered below is affirmed as no excusable neglect or mistake is shown on this record sufficient to reverse the above trial court ruling, Schwab Co. v. Breezy Bay, Inc., 360 So.2d 117 (Fla. 3d DCA 1978); see Rinieri v. News Syndicate Co., 385 F.2d 818, 823 (2d Cir. 1967); Usery v. Weiner Bros., 70 F.R.D. 615 (D.C.Conn. 1976). The appellant's second contention upon this appeal is rejected on the ground that the appellant failed to raise such contention below in her motion to set aside the final judgment. Mariani v. Schleman, 94 So.2d 829, 831 (Fla. 1957).

Affirmed.


Summaries of

Bryant v. Schmoor

District Court of Appeal of Florida, Third District
Feb 18, 1981
393 So. 2d 41 (Fla. Dist. Ct. App. 1981)
Case details for

Bryant v. Schmoor

Case Details

Full title:JULIA W. BRYANT, APPELLANT, v. ROGER W. SCHMOOR AND DEBRA SCHMOOR…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 18, 1981

Citations

393 So. 2d 41 (Fla. Dist. Ct. App. 1981)