FEUER
v.
IVANOV
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A notarized affidavit attesting to non-receipt of a notice of hearing is insufficient to establish grounds for vacating a dismissal order absent compliance with the requirements of Florida Rule of Civil Procedure 1.420(e).
[1] To vacate a dismissal order under Florida Rule of Civil Procedure 1.420(e), a party must allege one of the statutory grounds for relief specified in that rule; a notarize…
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Join FLexlaw to unlock all legal intelligenceFeuer failed to appear for a hearing on the trial court's Notice of Lack of Prosecution and Order to Appear for Hearing, resulting in a dismissal orde…
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Third District Court of Appeal
State of Florida
Opinion filed February 13, 2019. Not final until disposition of timely filed motion for rehearing.
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No. 3D18-0453 Lower Tribunal No. 14-24299
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Alan Feuer,
Appellant,
vs.
Krassimir Ivanov and Robert Miller, Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Abby Cynamon, Judge. Alan Feuer, in proper person. Robert Miller, for appellees. Before FERNANDEZ, SCALES, and LINDSEY, JJ. PER CURIAM.
Alan Feuer appeals the trial court’s order denying his motion to vacate an order of dismissal entered after Feuer failed to appear for a hearing on the court’s Notice of Lack of Prosecution and Order to Appear for Hearing (the “Notice”). Feuer contends the notarized affidavit he submitted attesting to him having not received the Notice is sufficient grounds to establish that the trial court abused its discretion in denying his motion to vacate. We disagree. Feuer failed to allege any of the grounds set forth in Florida Rule of Civil Procedure 1.420(e). Accordingly, upon consideration of the record on appeal, as well as the initial brief, we summarily affirm the order on appeal pursuant to Florida Rule of Appellate Procedure 9.315(a). Affirmed.