Goudie v. Garcia

John and Constance Goudie, defendants below, appeal an order denying their motion for relief from judgment. While some of the matters raised by defendants’ affidavits are legally insufficient to warrant relief from judgment, the affidavits assert in part that they did not receive the re-notice of the final hearing. At that hearing, defendants’ pleadings were stricken and judgment was entered against them.

Defendants’ assertion that they did not have notice of the final hearing, if true, requires relief from judgment under Rule 1.540(b)(4), Florida Rules of Civil Procedure. See Falkner v.…