Lederman v. Shore

Leonard LEDERMAN, Appellant, v. Cindy M. SHORE, Appellee.

District Court of Appeal of Florida

Decided January 21, 1998.

Rehearing Denied February 27, 1998.

District Court of Appeal of Florida · decided 1998-01-21

Relies on 377 So. 2d 1150 - Applegate v. Barnett Bank of Tallahassee · 464 So. 2d 1171 - Scott v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-01-21

How this case has been cited

Cited by 4 later decisions — most recently March 2013

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1 *1135 Howard T. Sutter, Beavercreek, OH, for appellant.

¶2John H. Pelzer and Thomas K. Gallagher of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellee.

¶3PER CURIAM.

¶4Leonard Lederman appeals the trial court's order denying his motion to vacate a clerk's default. We are unpersuaded that the trial court erred in declining to accept Lederman and his counsel's unsworn "affidavits" as a basis for showing excusable neglect, and therefore affirm.

¶5With regard to the "affidavits," the attestations fail to state that the affiants swore to the truth of the contents, or even took an oath. See Scott v. State,464 So.2d 1171 (Fla.1985). Further, appellant has not provided a transcript of the hearing on his motion to set aside the default. He is, thus, unable to establish error. Applegate v. Barnett Bank of Tallahassee,377 So.2d 1150 (Fla.1979).

¶6AFFIRMED.

¶7DELL, POLEN and GROSS, JJ., concur.