The Bank of New York Mellon etc. v. Michael Depiero

This is an appeal of an order denying Appellant’s motion to vacate a final judgment of dismissal without prejudice. Appellant argues the trial court erred in denying the motion to vacate without conducting an evidentiary hearing or considering the appropriate factors set forth in Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993). We agree and reverse the order denying the motion to vacate.

In its motion to vacate the dismissal, Appellant explained that counsel failed to appear at trial because an employee saved the trial notice to the wrong computer file. The motion was supported by various…