Opinion
No. 88-2620.
October 10, 1989.
An Appeal from the Circuit Court for Dade County; Ronald M. Friedman, Judge.
Mendez Mendez, and Sergio L. Mendez, for appellants.
Sutton, Jamerson Mullin and John D. Sutton, Coral Gables, for appellees.
Before BASKIN, FERGUSON and COPE, JJ.
It is undisputed that appellants, defendants below, did not receive notice of the motion for summary judgment or proceedings thereon. The motion for relief from judgment should have been granted pursuant to Rule 1.540(b)(4), Florida Rules of Civil Procedure. Falkner v. AmeriFirst Fed. Sav. Loan Ass'n, 489 So.2d 758 (Fla. 3d DCA 1986). The final judgment is therefore vacated and the cause remanded for further proceedings.