Sao v. Wells Fargo Bank, N.A.
District Court of Appeal of Florida
1Per curiam
Appellant challenges the trial court’s order denying his motion to quash service of process, set aside judgment, sale, and order of writ of eviction based upon the court’s failure to conduct an evidentiary hearing. Appellee properly concedes error. “[A] trial court is required to conduct an evidentiary hearing before entering an order denying a motion to set aside a judgment.” Palacio v. Alaska Seaboard Partners Ltd. P’hip, 50 So.3d 54 (Fla. 1st DCA 2010) (citing Seal v. Brown, 801 So.2d 993, 994-95 (Fla. 1st DCA 2001)). “Furthermore, if a moving party’s allegations raise a colorable…
2Cases cited2 opinions
- Seal v. BrownDistrict Court of Appeal of Florida · 2001
- Palacio v. Alaska Seaboard Partners Ltd. PartnershipDistrict Court of Appeal of Florida · 2010
3Cited by1 opinion
- The Bank of New York Mellon, f/k/a The Bank of New York as Trustee for the Holders of the Certificates, First Horizon Mortgage Pass-Through Certificate Series FHAMS v. One Seagrove Place Owners Association, Inc., Richard W. Sneed, Inwood Investments, LLC, Stephen G. Kynio, and StephenDistrict Court of Appeal of Florida · 2019