ABEL, TONY AND ALDO CREATIVE GROUP, INC., APPELLANT,
v.
FRIDAY NIGHT INVESTORS, INC., APPELLEE
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SCHWARTZ, Judge.
The order vacating the final default judgment is reversed for reinstatement of the judgment because neither of the two indispensable prerequisites for granting that relief was demonstrated below. The affidavit of the defendant’s president that he had referred the complaint to an attorney whom he “thought” had responded was insufficient to demonstrate excusable neglect, particularly since the plaintiff subsequently gave notice, which was not responded to, of its intention to seek a default because no answer had been filed. Westinghouse Credit Corp. v. Steven Lake Masonry, Inc., 356 So. 2d 1329 (Fla. 4th DCA 1978); Sun Finance Corp. v. Friend, 139 So. 2d 484 (Fla. 3d DCA 1962).
Moreover, the bare statement that the defendant had an unspecified “complete defense to the Complaint,” accompanied by a motion to dismiss claiming only technical deficiencies, was manifestly insufficient to show the existence of a meritorious defense. Pedro Realty, Inc. v. Silva, 399 So. 2d 367 (Fla. 3d DCA 1981).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Glenna Somero and Robert Somero v. Hendry Gen. Hosp., 467 So. 2d 1103 (Fla. 4th DCA 1985)…ice of plaintiff’s intention to seek a default and still did not take any action in response to that notice, the trial court’s order setting aside the default would be reversed. Abel, Tony & Aldo Creative Group, Inc. v. Friday Night Investors, Inc., 419 So. 2d 1135 (Fla. 3d DCA 1982). A mere allegation that failure to act resulted from excusable neglect without any factual basis being given is an insufficient basis for setting aside a default. Farmers Production Credit Ass’n v. Emperador Seafoods, Inc., 416 S…
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Anamaria Santiago v. Mauna LOA Invs., LLC, 189 So. 3d 752 (Fla. 2016)…iago filed a motion for entry of a default, and the default was entered five days later. The facts, of the instant case are not unlike the situation in Abel, Tony and Aldo Creative Group, Inc. v. Friday Night Investors, Inc. (“Abel, Tony & Aldo ”), 419 So. 2d 1135 (Fla. 3d DCA 1982). There, the district court reversed an order vacating a default, stating that “[t]he affidavit of the defendant’s president- that he had referred the complaint to an attorney whom he ‘thought’ had responded was insufficient to dem…
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Orlando P'rs, Ltd. v. Classic Tour Lines, 492 So. 2d 1117 (Fla. 3d DCA 1986)…him about her receipt of the summons and complaint. We hold that such statements do not establish excusable neglect. See Moore v. Powell, 480 So. 2d 137 (Fla. 4th DCA 1985); Abel, Tony and Aldo Creative Group, Inc. v. Friday Night Investors, Inc., 419 So. 2d 1135 (Fla. 3d DCA 1982); John Crescent, Inc. v. Schwartz, 382 So. 2d 383 (Fla. 4th DCA 1980); Claffey v. Serafino, 338 So. 2d 270 (Fla. 2d DCA 1976). Accordingly, the non-final order setting aside the judgment and vacating the default is reversed and the…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Camper, 356 So. 2d 1329 (Fla. 4th DCA 1978)
- Westinghouse Credit Corp. v. Steven Lake Masonry, Inc., 356 So. 2d 1329 (Fla. 4th DCA 1978)
- Pedro Realty Inc. v. Silva, 399 So. 2d 367 (Fla. 3d DCA 1981)
- Malloy v. Chambers, 139 So. 2d 484 (Fla. 2d DCA 1962)
- SUN Fin. Corp. v. Friend, 139 So. 2d 484 (Fla. 3d DCA 1962)