Cemex Construction Materials v. Ross

Appellant, Cemex Construction Materials Florida, LLC, contends that the trial court abused its discretion by vacating a final judgment based on the unsworn representation of Appellees’1 counsel, Thomas Ranew, that he had not received notice of the final hearing. Because Ce-*702mex did not object to the trial court’s failure to place Ranew under oath,2 we affirm.

Attorneys are officers of the court and, as such, their representations to the court have been described by the High Court as being “virtually made under oath.” Holloway v. Arkansas, 485 U.S. 475, 486, 98 S.Ct. 1178, 55 L.Ed.2d 426 (1978).…