MCKINLEY PEEPLES, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Duckworth v. Ingrid O. Duckworth, 414 So. 2d 562 (Fla. 3d DCA 1982)
  …r burden on the party seeking to reverse an order granting a motion to vacate default, than on a party seeking to reverse an order denying the motion. B. C. Builders Supply Co., Inc. v. Maldonado, 405 So. 2d 1345 (Fla. 3rd DCA 1981); Ellis v. Ellis, 404 So. 2d 774 (Fla. 2nd DCA 1981). However, appellant correctly contends that an attorney’s mistaken view of the law does not amount to the excusable neglect requisite to vacating a default under Rule 1.540(b), Florida Rules of Civil Procedure. Gross v. Simanono…
• Canney v. Canney, 453 So. 2d 179 (Fla. 2d DCA 1984)
  …tices in the proceedings were not received by the wife. This ground may be an adequate one on which to set aside a default and final judgment. See Okeechobee Insurance Agency, Inc. v. Barnett Bank, 434 So. 2d 334 (Fla. 4th DCA 1983); Ellis v. Ellis, 404 So. 2d 774 (Fla. 2d DCA 1981); Barry v. Barry, 324 So. 2d 644 (Fla. 4th DCA 1976). While we express no opinion on the merits of the wife’s motion, the trial judge foreclosed any consideration of the merits on this issue when he erroneously refused to hear it.…
• Am. Agronomics Corp. v. Varner, 413 So. 2d 484 (Fla. 2d DCA 1982)
  …e lower court abused its discretion in failing to set aside the default judgment. Failure of Mr. Davis to deliver the summons and complaint to counsel constitutes excusable neglect and warrants setting aside the default judgment. See Ellis v. Ellis, 404 So. 2d 774 (Fla. 2d DCA 1981). Justice will be served better by a resolution of this controversy on the merits rather than by default. We find it unnecessary to discuss the other arguments raised by appellant. REVERSED with directions to set aside the defaul…

Authorities Cited

• Fowler v. State, 255 So. 2d 513 (Fla. 1971)