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SCHUMAN v. INTERNATIONAL CONSUMER CORP.

No. 4D09-951.

50 So.3d 75 (2010)

Richard SCHUMAN, individually, Appellant, v. INTERNATIONAL CONSUMER CORPORATION, a Florida corporation, and Just in Sales Corp., a Florida corporation, Gregory Socherman, individually, STB Group International, Inc., a Florida corporation, Rodrigo Martin, individually, Inversiones Lainof JC S.A., a foreign business entity; Lower End S.A., a foreign business entity, and Probenic S.A., a foreign business entity, Appellees.

District Court of Appeal of Florida, Fourth District.

December 8, 2010.

Attorney(s) appearing for the Case

Bart A. Houston of Genovese Joblove & Battista, P.A., Fort Lauderdale, for appellant.

Jeff Barnes of W.J. Barnes, Boca Raton, for appellees.

LEVINE, J.

The issue presented is whether the trial court erred in denying a motion for relief from judgment without an evidentiary hearing. We find the trial court erred since the trial court should not have denied the motion without an evidentiary hearing where there was a "colorable" claim of entitlement to relief.

In 2005, appellees International Consumer Corp. and Just In Sales Corp. filed a complaint against appellant, claiming fraud in the inducement...

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