DEPELISI v. WISHNER

No. 4D08-2581.

15 So.3d 808 (2009)

James DEPELISI, Appellant, v. Roger WISHNER and Sheila Alu, Appellees.

District Court of Appeal of Florida, Fourth District.

July 22, 2009.


Attorney(s) appearing for the Case

Mark C. Perry, of Law Offices of Mark C. Perry, P.A., Fort Lauderdale, for appellant.

Stuart R. Michelson and Kimberly A. Kisslan of Law Office of Stuart R. Michelson, Fort Lauderdale, for appellees.


MAY, J.

The plaintiff appeals an order denying his motion to vacate the dismissal of his complaint for libel and slander, pursuant to Florida Rule of Civil Procedure 1.540, after he and his attorney failed to appear at hearings on two motions to dismiss. He argues that a successor judge failed to conduct an evidentiary hearing to determine if the plaintiff received notice. We agree and reverse.

The plaintiff, a candidate for city commissioner, filed a first...

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