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RISCH v. BANK OF AMERICA, NAT. ASS'N

No. 2D10-4882.

72 So.3d 161 (2011)

Janice M. RISCH, Appellant, v. BANK OF AMERICA, National Association, as Successor by Merger to Lasalle Bank, N.A. as Trustee For Zuni 2006-OA1, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 18, 2011.

Attorney(s) appearing for the Case

Bradley S. Donnelly of Treiser Collins, Naples, for Appellant.

Jeffrey T. Kuntz and Thomas H. Loffredo of Gray Robinson, P.A., Fort Lauderdale, for Appellee.

BLACK, Judge.

Janice M. Risch appeals the trial court's denial of her emergency motion for rehearing or, in the alternative, for relief from judgment pursuant to Florida Rule of Civil Procedure 1.540. The record shows that the trial court conducted a hearing on Ms. Risch's motion; however, there was no evidence presented. Since Ms. Risch's motion asserted allegations of misrepresentation, which might give rise to relief pursuant to rule 1.540(b)(3), and since she...

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