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Jose HERRERA, Appellant, v. Celso ROLON, Appellee

Florida District Court of Appeal2012-07-11No. No. 3D11-1620
91 So. 3d 935

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Opinion

majority opinion

EMAS, J.

Finding no abuse of discretion, we affirm the trial court’s denial of appellant’s amended motion to vacate default.

However, we do so without prejudice for the trial court to consider the appellant’s pending, but as yet unheard, “Renewed Motion to Vacate Default Based Upon Newly Discovered Evidence,” which on its face seeks relief under Rule 1.540(b), Florida Rule of Civil Procedure. We express no comment on the merits of that motion.