515 So. 2d 321 | Fla. Dist. Ct. App. | 1987
This appeal is from an order granting the defendant-appellee U.S. Security Services, Inc. relief under Florida Rule of Civil Procedure 1.540(b) from an adverse jury verdict and judgment on the ground that the plaintiff-appellant Intercontinental Properties, Inc. had relied upon a forged document at the trial. Immediately after the entry of the order under review, Intercontinental filed a motion, with a supporting affidavit, to set it aside. The basis of this application, which was itself essentially based on 1.540(b), was that, notwithstanding a certificate of service, Intercontinental's counsel had been given no notice of the defendant’s 1.540 motion and hearing. The trial judge summarily denied Intercontinental’s motion without taking testimony. This was error.
Since an order or judgment entered without proper notice is void,
Vacated, remanded with directions.
. There is no reason why an order entered under Rule 1.540 is not itself subject to relief under that same rule. Contrast Crocker Investments, Inc. v. Statesman Life Ins. Co., 515 So.2d 1305 (Fla. 3d DCA 1987) (no successive motions under 1.540 to review same order).