Barton Protective Services, LLC v. Redmon
After Allied missed by two days the 20-day deadline to move for trial de novo following nonbinding arbitration, the trial court refused an evidentiary hearing on Allied's rule 1.540/1.090 motion asserting excusable neglect from an uncalendared deadline, and entered a $10.5 million judgment on the arbitration award. The Third District held the motion, supported by attorney affidavits, raised a colorable entitlement to relief, so the trial court abused its discretion by denying an evidentiary hearing, and reversed the final judgment.
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