Ullman v. Curbelo

• Court: Florida District Court of Appeals
• Writing for the Court: PER CURIAM
• Citation: Ullman v. Curbelo, 550 So.2d 1178, 14 Fla. L. Weekly 2502 (Fla. App. 1989)
• Decision Date: 24 October 1989
• Docket Number: No. 89-1241,89-1241
• Parties: 14 Fla. L. Weekly 2502 Howard F. ULLMAN, Esquire, as Personal Representative of the Estate of Francia Perez, Deceased, Appellant, v. Arnaldo CURBELO, M.D., and Hialeah Medical Center For Women, Inc., Appellees.

Page 1178

550 So.2d 1178

14 Fla. L. Weekly 2502

Howard F. ULLMAN, Esquire, as Personal Representative of the Estate of Francia Perez, Deceased, Appellant, v. Arnaldo CURBELO, M.D., and Hialeah Medical Center For Women, Inc., Appellees.

No. 89-1241.

District Court of Appeal of Florida Third District.

Oct. 24, 1989.

James C. Blecke, Miami, for appellant.

Manuel R. Morales, Jr., Miami, for appellees.

Before NESBITT, BASKIN and COPE, JJ.

CORRECTED OPINION

PER CURIAM.

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

By 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).

Reversed and remanded to the trial court...