Third District Court of Appeal
State of Florida
Opinion filed June 7, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-0688
Lower Tribunal No. 20-6801
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Michelle Pimienta,
Appellant,
vs.
David Abraham Rosenfeld,
Appellee.
An Appeal from a non-final order from the Circuit Court for Miami-Dade
County, Angélica D. Zayas, Judge.
Michelle Pimienta, in proper person.
Nancy A. Hass, P.A., and Nancy A. Hass (Fort Lauderdale), for
appellee.
Before HENDON, GORDO and BOKOR, JJ.
PER CURIAM.
Affirmed. Lopez v. Wilmington Tr., N.A.,
302 So. 3d 953, 955 (Fla. 3d
DCA 2020) (concluding that the appellants were not entitled to an evidentiary
hearing and their Rule 1.540(b) motion was improper because the asserted
allegations were “before the trial court prior to the entry of the amended final
judgment of foreclosure”); Flemenbaum v. Flemenbaum,
636 So. 2d 579,
580 (Fla. 4th DCA 1994) (affirming the court’s denial of the motion for relief
from judgment where the husband's motion attempted to re-litigate issues
that had been previously covered at the trial; explaining that “[i]f a motion on
its face does not set forth a basis for relief, then an evidentiary hearing is
unnecessary”).
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