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NOVASTAR MORTG., INC. v. VARGAS

No. 3D10-3084.

76 So.3d 369 (2011)

NOVASTAR MORTGAGE, INC., Appellant, v. Oscar VARGAS, et al., Appellees.

District Court of Appeal of Florida, Third District.

December 21, 2011.

Attorney(s) appearing for the Case

Krinzman, Huss & Lubetsky, and Cary A. Lubetsky and Aniella Gonzalez , Miami; Popkin & Rosaler and Brian L. Rosaler , Deerfield Beach, for appellant.

Rawny Garay , Miami, for appellees.

Before RAMIREZ, SHEPHERD, and SUAREZ, JJ.

SHEPHERD, J.

On the authority of Carnero v. National Home Mortgage Corp., 941 So.2d 395, 395-96 (Fla. 3d DCA 2006), we reverse the nonfinal order granting the foreclosure defendants' emergency motion to set aside summary judgment pursuant to Florida Rule of Civil Procedure 1.540(b) because, as in Carnero, "the motion seeking relief under this rule was unsworn as to the claim of excusable neglect and there was no sworn...

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