Henry v. Henry

KELLY, Judge.

In this appeal from a final judgment of dissolution of marriage, U. Samuel Henry (the Husband) challenges the order denying his motion for rehearing or alternatively for relief from judgment. Because we conclude that the Husband alleged sufficient facts to show a colorable claim for relief under Florida Rule of Civil Procedure 1.540(b), we reverse and remand for an evidentiary hearing on the Husband’s motion. See Smith v. Smith, 9083 So.2d 1044, 1045 (Fla. 5th DCA 2005) (“A motion for relief from judgment should not be summarily dismissed without an evidentiary hearing unless its…