Legal Opinion
Schuman v. INTERNATIONAL CONSUMER CORP.
District Court of Appeal of Florida
Decided December 8, 2010No. 4D09-951PublishedCited by 11 opinions
1Opinion of the CourtLevine, J.
The issue presented is whether the trial court erred in denying a motion for relief from judgment without an evidentiary hearing. We find the trial court erred since the trial court should not have denied the motion without an evidentiary hearing where there was a “colorable” claim of entitlement to relief.
In 2005, appellees International Consumer Corp. and Just In Sales Corp. filed a complaint against appellant, claiming fraud in the inducement and constructive fraud, among other claims. Eventually, the case was set for a four-week trial docket beginning on January 5, 2009. Docket call was…
2Cases cited3 opinions
- Shiver v. WhartonDistrict Court of Appeal of Florida · 2009
- Liberty Mut. Ins. Co. v. LyonsDistrict Court of Appeal of Florida · 1993
- Smith v. SmithDistrict Court of Appeal of Florida · 2005
3Cited by11 opinions
- River Bridge Corp v. American Somax VenturesDistrict Court of Appeal of Florida · 2011
- Toler v. BANK OF AMERICA, NAT. ASS'NDistrict Court of Appeal of Florida · 2012
- BAYVIEW LOAN SERVICING, LLC v. HUSO DZIDZOVICDistrict Court of Appeal of Florida · 2018
- John Richards v. Ashley Dale CrowderDistrict Court of Appeal of Florida · 2016
- Rodriguez v. SantanaDistrict Court of Appeal of Florida · 2011
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