NOBLE WILLIAMS, APPELLANT,
v.
EDWARD J. STACK, AS SHERIFF FOR BROWARD COUNTY, FLORIDA, AND JOHN DOE, AS UNKNOWN TRUSTEE AND AGENT OF BROWARD COUNTY SHERIFFS DEPARTMENT, APPELLEES
NOBLE WILLIAMS, APPELLANT,
EDWARD J. STACK, AS SHERIFF FOR BROWARD COUNTY, FLORIDA, AND JOHN DOE, AS UNKNOWN TRUSTEE AND AGENT OF BROWARD COUNTY SHERIFFS DEPARTMENT, APPELLEES
366 So. 2d 872
Florida District Court of Appeal, Fourth District (1979)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
This is an appeal from an order setting aside a default. The motion to set aside the default did not allege the existence of a meritorious defense, and no proof was ever submitted, other than representations of counsel, concerning any legal excuse for the failure to respond to the complaint. As such the motion and proof were insufficient to justify setting aside the default. Clark v. Roberto's, Inc., 320 So. 2d 870 (Fla. 4th DCA 1975); Winter Park Arms, Inc. v. Ak- erman, 199 So. 2d 107 (Fla. 4th DCA 1967); Thomason v. Jernigan, 146 So. 2d 905 (Fla. 1st DCA 1962). Accordingly, the order is reversed.
DOWNEY, C. J., and ANSTEAD and BERANEK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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T.I.E. Commc'ns, Inc. v. Toyota Motors Ctr., Inc., 391 So. 2d 697 (Fla. 3d DCA 1980)…default, Dade County v. Lambert, 334 So. 2d 844 (Fla. 3d DCA 1976), and unsupported and undocumented representations of counsel regarding the failure of his client to respond are insufficient to justify setting aside the default. Williams v. Stack, 366 So. 2d 872 (Fla. 4th DCA 1979). Ordinarily, we would conclude our opinion here. We go on, however, to consider Toyota’s request for an award of attorneys’ fees on this appeal under Section 57.105, Florida Statutes (1979). That section provides: “The court sh…
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The Vanguard Grp., Inc. v. Vanguard Sec., Inc., 409 So. 2d 1219 (Fla. 3d DCA 1982)…lt where the motion seeking such relief consisted of mere representations of counsel unsupported by proof showing any excusable neglect, T.I.E. Communications, Inc. v. Toyota Motors Center, Inc., 391 So. 2d 697 (Fla. 3d DCA 1981); Williams v. Stack, 366 So. 2d 872 (Fla. 4th DCA 1979); where these naked allegations showed only that the defendants ignored the complaint served upon them, Cricket Club, Inc. v. Basso, 384 So. 2d 908 (Fla. 3d DCA 1980); John Crescent, Inc. v. Schwartz, 382 So. 2d 383 (Fla. 4th DCA…
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Arranco Shoes BY Carmen, Inc. v. Calzados Milady, 422 So. 2d 341 (Fla. 3d DCA 1982)…ing the lengthy period appellant’s business was left in the care of its employee, and finding no abuse of discretion by the trial court, T.I.E. Communications, Inc. v. Toyota Motors Center, Inc., 391 So. 2d 697 (Fla. 3d DCA 1980); Williams v. Stack, 366 So. 2d 872 (Fla. 4th DCA 1979), we affirm the trial court’s denial of appellant’s Motion to Set Aside Default and Default Judgment. We remand, however, for a new trial on the question of damages. Appellant was not afforded notice of trial on the issue of dam…
Authorities Cited
- Winter Park Arms, Inc. v. Akerman, 199 So. 2d 107 (Fla. 4th DCA 1967)
- Windhurst v. State, 320 So. 2d 870 (Fla. 4th DCA 1975)
- Thomason v. Jernigan, 146 So. 2d 905 (Fla. 1st DCA 1962)