Neyman Ida Rojas v. Best Taxi Service Corporation, et al.

Summary

The Third District Court of Appeal of Florida held that the trial court erred by denying Neyman Ida Rojas’s motion to vacate a dismissal for lack of service without conducting an evidentiary hearing. The court reversed and remanded for an evidentiary hearing concerning Rojas’s claimed excusable neglect.

Holdings

1. When a Rule 1.540(b) motion establishes a colorable entitlement to relief and the claim is raised and contested, the trial court must conduct an evidentiary hearing rather than summarily deny the motion.
2. Excusable neglect must be proven by sworn statements or affidavits.

Questions Presented

1. Whether the trial court erred by denying a Rule 1.540(b) motion seeking relief from a dismissal based on excusable neglect without conducting an evidentiary hearing.

Disposition

reversed_and_remanded