FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-4817
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JENNIFER VAN BERGEN,
Appellant,
v.
SCOTT T. KOPPEL, DPM,
Appellee.
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On appeal from the Circuit Court for Alachua County.
Donna M. Keim, Judge.
August 30, 2019
PER CURIAM.
Upon Appellee’s proper concession of error, we reverse the
trial court’s order summarily denying Appellant’s motion for relief
from judgment and remand for an evidentiary hearing on the
motion. In her motion for relief from judgment, Appellant
contended that she did not receive timely notice of the Summary
Judgment Order the trial court entered on May 1, 2018, due to an
issue with the trial court’s email system. We agree that this was
a colorable claim under rule 1.540(b), and that an evidentiary
hearing was needed to determine whether Appellant had timely
received the order and whether she had an opportunity to seek a
timely appeal. See Yasir v. Forman,
199 So. 3d 1037 (Fla. 4th DCA
2016); Smith v. Smith,
903 So. 2d 1044, 1045 (Fla. 5th DCA 2005);
Seal v. Brown,
801 So. 2d 993, 995 (Fla. 1st DCA 2001).
REVERSED and REMANDED for further proceedings.
LEWIS, OSTERHAUS, and M.K. THOMAS, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jennifer Van Bergen, pro se, Appellant.
Joseph E. Brooks and Jami M. Kimbrell of Brooks Law,
Tallahassee, for Appellee.
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