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PIERCE v. MARC

No. 3D02-822.

826 So.2d 525 (2002)

Robert PIERCE, Appellant, v. Kenneth MARC, Appellee.

District Court of Appeal of Florida, Third District.

September 25, 2002.

Attorney(s) appearing for the Case

Stephen E. Tunstall, Fairhope, for appellant.

Kenneth Marc, in proper person.

Before SCHWARTZ, C.J., and GERSTEN, and SORONDO, JJ.

PER CURIAM.

Plaintiff Robert Pierce appeals an adverse order granting defendant Kenneth Marc's motion for relief from default judgment. We reverse.

The trial court erred in granting the defendant's motion for relief from judgment because the motion was unsworn, failed to allege either excusable neglect or a meritorious defense, and failed to provide any basis for relief under Florida Rules of Civil Procedure Rule 1.540. See Lederman v. Shore,

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