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SUNTRUST BANK v. PULEO

No. 4D10-4768.

76 So.3d 1037 (2011)

SUNTRUST BANK, Appellant, v. Dr. Marc PULEO, M.D., and Jeffrey D. Puleo, individually and as Co-Personal Representatives of the Estate of Susan Puleo; James B. Hayes, Esq., and James B. Hayes, P.A., Appellees.

District Court of Appeal of Florida, Fourth District.

December 14, 2011.

Attorney(s) appearing for the Case

Carolyn B. Brombacher and William C. Davell of May, Meacham & Davell, P.A., Fort Lauderdale, for appellant.

Andrew R. Herron of Herron Jacobs Ortiz, Miami, for appellees Dr. Marc Puleo, M.D., and Jeffrey D. Puleo.

STEVENSON, J.

SunTrust Bank ("SunTrust") appeals the trial court's order granting the appellees/garnishors' rule 1.540(b)(3) motion to vacate a final judgment of garnishment based on alleged misrepresentations in SunTrust's answer to the writ. Because the order was issued without holding an evidentiary hearing, we reverse.

This appeal stems from a final judgment upon default, in the amount of $1,792,558.75, entered against James B. Hayes, Esq. and James B...

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