The trial court abused its discretion in denying, without an evidentiary hearing, the motion to vacate and set aside the final judgment entered after default. Travelers Insurance Co. v. Davis, 371 So.2d 702 (Fla. 3d DCA 1979); Flynt v. Flynt, 336 So.2d 690 (Fla. 4th DCA 1976); Patricia Russell Designs, Inc. v. Gans, 277 So.2d 801 (Fla. 3d DCA 1973). See generally Upshaw v. Dade County, 247 So.2d 337 (Fla. 3d DCA 1971). Accordingly, the order appealed from is reversed and the cause remanded to the court below with directions to hold an evidentiary hearing to determine the validity of service of process upon the appellee.
423 So. 2d 920
Clemente HERNANDEZ, Appellant, v. NATIONAL BANK OF FLORIDA, a national banking association, f/k/a Boulevard National Bank of Miami, Appellee.
No. 81-1381.
District Court of Appeal of Florida, Third District.
Nov. 2, 1982.
Taylor, Brion, Buker & Greene and Ar-noldo Velez, Miami, for appellant.
Levine, Reckson, Reed & Geiger and Mark A. Marder, Miami, for appellee.
Before HENDRY and SCHWARTZ, JJ„ and WILLIAM C. OWEN, Jr., (Ret.), Associate Judge.
Hernandez v. National Bank of Florida
423 So. 2d 920
Case Details
423 So. 2d 920
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