Highsmith v. Britten

Summary

The Florida Second District Court of Appeal held that Melissa Highsmith's motion to set aside a default judgment under Florida Rule of Civil Procedure 1.540(b)(3) sufficiently alleged fraud to warrant an evidentiary hearing. The court reversed the order denying the motion and remanded for further proceedings.

Holdings

1. When a motion under Florida Rule of Civil Procedure 1.540(b) sets forth a colorable entitlement to relief, the trial court should conduct an evidentiary hearing to determine whether relief should be granted.
2. A motion under Florida Rule of Civil Procedure 1.540(b)(3) must specify the alleged fraud, misrepresentation, or misconduct with particularity and set forth essential facts entitling the movant to relief rather than mere legal conclusions.

Questions Presented

1. Whether Highsmith's motion under Florida Rule of Civil Procedure 1.540(b)(3) sufficiently alleged fraud to establish a colorable entitlement to relief.
2. Whether the trial court erred by denying the rule 1.540(b)(3) motion without conducting an evidentiary hearing.

Disposition

reversed_and_remanded