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ACOSTA v. DEUTSCHE BANK NAT. TRUST CO.

No. 4D10-3835.

88 So.3d 415 (2012)

Anthony ACOSTA, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Trust 2006-M3, Asset-Backed Pass-Through Certificate, Series ARSI 2006-M3, Appellee.

District Court of Appeal of Florida, Fourth District.

May 16, 2012.

Attorney(s) appearing for the Case

Nicole Neustein of Charles L. Neustein, P.A., Miami Beach, for appellant.

Heidi J. Weinzetl of Shapiro & Fishman, LLP, Boca Raton, for appellee.

STEVENSON, J.

Anthony Acosta challenges an order denying, without an evidentiary hearing, his rule 1.540(b) motion for relief from a final summary judgment of foreclosure in favor of appellee, Deutsche Bank National Trust Company ("Bank"). Because appellant's motion alleged a colorable entitlement to relief under rule 1.540(b) due to excusable neglect and showed the existence of meritorious defenses, we reverse and remand for a hearing on the motion.

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