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Carol A. BAPTISTE, Appellant, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee of Novastar Mortgage, Inc., Appellee

Florida District Court of Appeal2011-03-16No. No. 4D10-45
82 So. 3d 822

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Opinion

majority opinion

PER CURIAM.

We affirm the order denying Baptiste’s motion to vacate the notice of voluntary dismissal, noting that Baptiste failed to allege a colorable entitlement to relief in her motion. See Pino v. Bank of N.Y. Mellon, 2011 WL 309441 (Fla. 4th DCA 2011) (en banc). No evidentiary hearing was necessary to resolve Baptiste’s motion, and the trial court need not have taken this additional step. Affirmed.

GROSS, C. J., MAY and DAMOORGIAN, JJ., concur.