Fraud: Evidentiary Hearing

Bock v. Marchese Services, Inc., ___ So. 3d ___, 35 Fla. L. Weekly D1837 (Fla. 4th DCA 8/11/10)

The plaintiff filed a motion for entry of a final default judgment based upon the defendant’s failure to make installment payments under a settlement agreement.  The defendant responded to the motion and move to vacated the settlement agreement based upon the alleged fraud of the plaintiff and its counsel.  The trial court granted the plaintiff’s motion, but the appellate court reversed because of the failure to conduct an evidentiary hearing.  “[A]n evidentiary hearing should usually be held to determine if allegations of fraud have merit, and it is error [summarily to] deny such a hearing.”