Legal Opinion
Depelisi v. Wishner
District Court of Appeal of Florida
Decided July 22, 2009No. 4D08-2581PublishedCited by 4 opinions
1Opinion of the CourtMay, J.
The plaintiff appeals an order denying his motion to vacate the dismissal of his complaint for libel and slander, pursuant to Florida Rule of Civil Procedure 1.540, after he and his attorney failed to appear at hearings on two motions to dismiss. He argues that a successor judge failed to conduct an evidentiary hearing to determine if the plaintiff received notice. We agree and reverse.
The plaintiff, a candidate for city commissioner, filed a first amended complaint alleging two counts of defamation of character against two separate defendants. The allegations focused on the defendants’…
2Cases cited4 opinions
- WT Holding, Inc. v. State Agency for Health Care Admin.District Court of Appeal of Florida · 1996
- Scutieri v. MillerDistrict Court of Appeal of Florida · 1991
- Camerota v. KaufmanDistrict Court of Appeal of Florida · 1996
- Torrey v. TorreyDistrict Court of Appeal of Florida · 2002
3Cited by4 opinions
- Avi-Isaac v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2011
- Benefit Administrative Systems v. West Kendall Baptist HospitalDistrict Court of Appeal of Florida · 2019
- Block v. TosunDistrict Court of Appeal of Florida · 2012
- Naranja Princeton Community Development Corp. v. Cornerstone Development Group, Inc.District Court of Appeal of Florida · 2010