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GORDON v. KEARNS

No. 82-1687.

430 So.2d 959 (1983)

Edwin F. GORDON, Appellant, v. John W. KEARNS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 25, 1983.

Attorney(s) appearing for the Case

Quarles & Brady and James A. McSwigan, Palm Beach, for appellant.

John W. Kearns, in pro. per.

Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.

FERGUSON, Judge.

The trial court did not abuse its discretion in denying appellant a hearing on his motion to vacate a default judgment where the motion was totally devoid of factual allegations supporting the claimed mistake, inadvertence, excusable neglect and fraud. Fla.R.Civ.P. 1.500(d), 1.540(b); Farmers Production Credit Association v. Emperador Seafoods, Inc., 416 So.2d 889 (Fla. 4th DCA 1982).

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