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CEMEX CONST. MATERIALS v. ROSS

No. 5D12-2449.

102 So.3d 701 (2012)

CEMEX CONSTRUCTION MATERIALS, etc., et al., Appellants, v. Curtis ROSS, Jr., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

December 7, 2012.

Attorney(s) appearing for the Case

Barry Kalmanson of Barry Kalmanson Professional Association, Maitland, for Appellants.

Thomas C. Ranew, Jr. , of Thomas C. Ranew, Jr., P.A., Silver Springs, for Appellees William W. Allan, Caryann D. Allan, Robert G. Allan, and Meia Beth Haynes Allan.

No Appearance for other Appellees.

EVANDER, J.

Appellant, Cemex Construction Materials Florida, LLC, contends that the trial court abused its discretion by vacating a final judgment based on the unsworn representation of Appellees'1 counsel, Thomas Ranew, that he had not received notice of the final hearing. Because Cemex did not object to the trial court's failure to place Ranew under oath,2 we affirm...

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