Stembridge v. Preferred Risk Mutual Insurance Co. of Iowa

STONE, BARRY J., Associate Judge.

We affirm an order denying a motion to vacate a judgment of dismissal. The action was dismissed with prejudice on January 9, 1995, following a series of amended complaints. On August 2, 1996, Stem-bridge moved to vacate the judgment based on mistake, inadvertence, or excusable neglect, pursuant to Florida Rule of Civil Procedure 1.540(b)(1). The court entered the order denying the motion without a hearing.

Stembridge argues that the court erred by denying his motion without conducting a hearing. See Aetna Life & Cas. Co. v. Thom, 319 So.2d 82, 84 (Fla. 3d DCA…