Bien-Aime v. MSRH BOARD WALK, LLC

The issue in this appeal is whether the trial court abused its discretion in denying appellant’s Rule 1.540 motion to vacate the order dismissing the case for lack of prosecution. The final order of dismissal was rendered on August 27, 2009. In October 2009, appellant filed a motion to vacate and re-enter the final judgment for purposes of appeal. After a hearing, appellant supplemented her motion with affidavits stating that neither of appellant’s trial attorneys received a copy of the final order of dismissal. Appellee filed no evidence to rebut these affidavits and conceded that va-catur…