PATRICIA RUSSELL DESIGNS, INC., A FLORIDA CORPORATION, APPELLANT,
v.
CHARLES GANS AND MARCELLA GANS, HIS WIFE, APPELLEES
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This interlocutory appeal brings up for review an order of the trial court denying appellant’s motion for relief from final judgment under Rule 1.540(b), F.R.C.P., 31 F.S.A. It is appellant’s contention that the court abused its discretion in failing to grant appellant’s relief from the final judgment.
The record reveals that appellant’s motion was timely filed and supported by an affidavit setting out facts relied upon for relief. The motion was denied without a hearing before the trial judge. We will not deal with the merits of appellant’s contention at this time since we are of the opinion that the trial judge abused his discretion in not allowing appellant a hearing on his motion. Accordingly, we must reverse the order appealed from with directions to grant a hearing on the merits of appellant’s motion for relief.
Reversed and remanded with directions.
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Clemente Hernandez v. Nat'l Bank OF Fla., 423 So. 2d 920 (Fla. 3d DCA 1982)…ry hearing, the motion to vacate and set aside the final judgment entered after default. Travelers Insurance Co. v. Davis, 371 So. 2d 702 (Fla. 3d DCA 1979); Flynt v. Flynt, 336 So. 2d 690 (Fla. 4th DCA 1976); Patricia Russell Designs, Inc. v. Gans, 277 So. 2d 801 (Fla. 3d DCA 1973). See generally Upshaw v. Dade County, 247 So. 2d 337 (Fla. 3d DCA 1971). Accordingly, the order appealed from is reversed and the cause remanded to the court below with directions to hold an evidentiary hearing to determine the va…