RODRIGUEZ-LEHMANN v. CONDE

No. 88-2620.

549 So.2d 1130 (1989)

Maruchi RODRIGUEZ-LEHMANN, Jorge Lehmann and Elevage Travel, Inc., Appellants, v. Gustavo E. CONDE, Margarita Cabrera De Conde, Emilio Conde, Franco Dell'Ovo and Giovanni Lopez, Appellees.

District Court of Appeal of Florida, Third District.

October 10, 1989.


Attorney(s) appearing for the Case

Mendez & Mendez, and Sergio L. Mendez, for appellants.

Sutton, Jamerson & Mullin and John D. Sutton, Coral Gables, for appellees.

Before BASKIN, FERGUSON and COPE, JJ.


PER CURIAM.

It is undisputed that appellants, defendants below, did not receive notice of the motion for summary judgment or proceedings thereon. The motion for relief from judgment should have been granted pursuant to Rule 1.540(b)(4), Florida Rules of Civil Procedure. Falkner v. AmeriFirst Fed. Sav. & Loan Ass'n, 489 So.2d 758 (Fla. 3d DCA 1986). The final judgment is therefore vacated and the cause remanded for further...

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