Schuman v. INTERNATIONAL CONSUMER CORP.
50 So. 3d 75
| Fla. Dist. Ct. App. | 2010Background
- In 2005, appellees International Consumer Corp. and Just In Sales Corp. filed claims including fraud in the inducement and constructive fraud against Schuman.
- A four-week trial docket was set for January 5, 2009, with a docket call on December 19, 2008.
- Appellant's counsel moved to withdraw; the trial court granted the withdrawal on December 18, 2008, and mailed an order giving appellant a reasonable time to retain new counsel.
- New counsel appeared on January 22, 2009, four days before trial; the trial began January 26, 2009 with appellant and his counsel absent.
- A jury returned a verdict against the absent appellant for $340,000 in actual fraud and $20,000 in constructive fraud; judgment entered against him for lack of appearance.
- Appellant moved for new trial and relief from judgment, asserting lack of notice; the trial court denied the motion, and appellant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of relief from judgment without an evidentiary hearing was error. | Schuman argues lack of notice entitles relief. | The court acted within discretion on motion denial. | Abuse of discretion; evidentiary hearing required given colorable entitlement. |
Key Cases Cited
- Schleger v. Stebelsky, 957 So. 2d 71 (Fla. 4th DCA 2007) (colorable entitlement requires evidentiary hearing)
- Smith v. Smith, 903 So. 2d 1044 (Fla. 5th DCA 2005) (colorable entitlement to relief mandates hearing)
- Liberty Mut. Ins. Co. v. Lyons, 622 So. 2d 621 (Fla. 5th DCA 1993) (excusable neglect for lack of notice generally requires relief)
- Shiver v. Wharton, 9 So. 3d 687 (Fla. 4th DCA 2009) (appeals standard for review ofRule 1.540(b) rulings)