Legal Opinion

Risch v. Bank of America, National Ass'n Ex Rel. Lasalle Bank, N.A.

District Court of Appeal of Florida

Decided August 3, 2011No. 2D10-4882Published

1Opinion of the Court

BLACK, Judge.

Janice M. Risch appeals the trial court’s denial of her emergency motion for rehearing or, in the alternative, for relief from judgment pursuant to Florida Rule of Civil Procedure 1.540. The record shows that the trial court conducted a hearing on Ms. Risch’s motion; however, there was no evidence presented. Since Ms. Risch’s motion asserted allegations of misrepresentation, which might give rise to relief pursuant to rule 1.540(b)(3), and since she attached an affidavit and records which could support her claim, we reverse and remand for an evidentiary hearing. See S. Bell Tel.…

2Cases cited2 opinions

  1. Southern Bell Tel. & Tel. v. WeldenDistrict Court of Appeal of Florida · 1986
  2. Rosenthal v. FordDistrict Court of Appeal of Florida · 1984

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