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TRIAL COURT ABUSED ITS DISCRETION IN DENYING PLAINTIFF’S RULE 1.540(B) MOTION WITHOUT CONDUCTING AN EVIDENTIARY HEARING

Nov 25th, 2025 in by admin

Rojas v. Best Taxi Service Corp., 50 Fla. L. Weekly D1977 (Fla. 3rd DCA Sept. 3, 2025):

The plaintiff appealed an order denying his motion to vacate a dismissal based on excusable neglect. The trial court denied the relief without conducting an evidentiary hearing.

Where a motion under Rule 1.540(b) sets forth a colorable entitlement to relief, the trial court should conduct an evidentiary hearing to determine whether such relief should be granted. Based on the record before the court, it reversed and remanded for an evidentiary hearing.