TOULOUTE v. CITY OF FORT LAUDERDALE

No. 4D10-755.

80 So.3d 1129 (2012)

Kesner TOULOUTE, Appellant, v. CITY OF FORT LAUDERDALE, Appellee.

District Court of Appeal of Florida, Fourth District.

February 29, 2012.


Attorney(s) appearing for the Case

Cheryl Linton Robinson of Cazeau, Linton Barnes, LLC., North Miami Beach, for appellant.

Harry A. Stewart , Ginger E. Wald and D'Wayne M. Spence of the City Attorney's Office, Fort Lauderdale, for appellee.


PER CURIAM.

Appellant appeals the denial of his motion to vacate the order dismissing his case after he failed to appear at a status conference of which he had no notice. Rule 1.540(b)(4) provides that the court may relieve a party from a void judgment. "A judgment is void if, in the proceedings leading up to the judgment, there is `[a] violation of the due process guarantee of notice and an opportunity to be heard.'" Shiver v. Wharton, 9 So...

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