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550 So. 2d 1178

550 So.2d 1178

14 Fla.L.Weekly 2502

Ullman v. Curbelo

District Court of Appeal of Florida

Decided October 24, 1989

District Court of Appeal of Florida · decided 1989-10-24

Cited by 1 later decisions — most recently December 1990

1 state decisions

Relies on 549 So. 2d 769 - Waltzer v. Waltzer

Good law ✅— No negative treatment on recordhow we know

Decided 1989-10-24

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¶1CORRECTED OPINION

PER CURIAM.

¶2We withdraw the opinion filed September 5, 1989, and in its place issue the following:

¶3By means of a motion to set aside judgment filed pursuant to Florida Rule of Civil Procedure 1.540, appellee asserted that a post-default judgment assessing damages should' be vacated because the court had failed to conduct a trial by jury. The trial court agreed that it had acted in error and vacated the judgment. The proper vehicle for asserting error is by appeal, and not by motion to set aside judgment pursuant to Florida Rule' of Civil Procedure 1.540. Rutshaw v. Arakas, 549 So.2d 769 (Fla. 3d DCA 1989).

¶4Reversed and remanded to the trial court with directions to reinstate the final judgment.

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