context: Counsel argued that after receiving notice of the default judgment in mid-March 2005, Caraballo consulted with him "sometime in April or thereabouts." Counsel further stated that for his own reasons, he waited another "couple of weeks," until May 4, to complete and file the sworn motion. Unsworn argument of counsel is insufficient to satisfy the due diligence element of a motion to vacate a default final judgment.
citation_a.signal: no signal
citation_a.parenthetical: ruling that the trial court abused its discretion in granting defendant's motion to vacate default judgment "[s]ince the motion seeking relief consisted of merely unsworn to representations of counsel, unsupported by proof showing any excusable neglect, and the only evidence before the court actually refuted these representations"
citation_a.sentence: Polygram Latino U.S. v. Torres, 751 So.2d 90 (Fla. 3d DCA 1999)(ruling that the trial court abused its discretion in granting defendant’s motion to vacate default judgment “[s]ince the motion seeking relief consisted of merely unsworn to representations of counsel, unsupported by proof showing any excusable neglect, and the only evidence before the court actually refuted these representations”); see also Daughtrey v. Daughtrey, 944 So.2d 1145, 1148 (Fla. 2d DCA 2006)(“[a]s this court has previously observed, unsworn representations by counsel about factual matters do not have any evidentiary weight in the absence of a stipulation”); State v. Bauman, 425 So.2d 32, 35 n. 3 (Fla. 4th DCA 1982)(“We say again that facts are not established for consideration by the trial court or by appellate review when attorneys make representations in their arguments before the trial court.
citation_b.signal: see also
citation_b.identifier: 944 So.2d 1145, 1148
citation_b.parenthetical: "[a]s this court has previously observed, unsworn representations by counsel about factual matters do not have any evidentiary weight in the absence of a stipulation"
citation_b.sentence: Polygram Latino U.S. v. Torres, 751 So.2d 90 (Fla. 3d DCA 1999)(ruling that the trial court abused its discretion in granting defendant’s motion to vacate default judgment “[s]ince the motion seeking relief consisted of merely unsworn to representations of counsel, unsupported by proof showing any excusable neglect, and the only evidence before the court actually refuted these representations”); see also Daughtrey v. Daughtrey, 944 So.2d 1145, 1148 (Fla. 2d DCA 2006)(“[a]s this court has previously observed, unsworn representations by counsel about factual matters do not have any evidentiary weight in the absence of a stipulation”); State v. Bauman, 425 So.2d 32, 35 n. 3 (Fla. 4th DCA 1982)(“We say again that facts are not established for consideration by the trial court or by appellate review when attorneys make representations in their arguments before the trial court.