TAHITI RESORTS, INC., APPELLANT,

v.

RICHARD O. DOWLING, APPELLEE

Fla. 3d DCA | 1984-02-14

No. 83-1813

Before BARKDULL, BASKIN and FERGUSON, JJ.

446 So. 2d 189 Florida District Court of Appeal, Third District (1984) Positive Treatment

Cited by 2 cases

Opinion of the Court

PER CURIAM.

Appellant Tahiti Resorts, Inc. challenges the trial court’s non-final order denying Tahiti’s motion to set aside default and final judgment. The record discloses that Tahiti Resorts has failed to make the required showing of both excusable neglect and a meritorious defense necessary for vacating a default. North Shore Hospital, Inc. v. Barber, 143 So. 2d 849 (Fla.1962); Dade County v. Lambert, 334 So. 2d 844 (Fla. 3d DCA 1976). Furthermore, we have been presented with no authority to support appellant’s position that the automatic stay provisions of the Bankruptcy Act operate to void service of process. We therefore find the trial court did not abuse its discretion in denying Tahiti’s motion to set aside default and final judgment.

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Recob v. Moore, 668 So. 2d 635 (Fla. 3d DCA 1996)

…PER CURIAM. Affirmed. Fla.R.Civ.P. 1.540(b); Tahiti Resorts, Inc. v. Dowling, 446 So. 2d 189 (Fla. 3d DCA 1984); B.C. Builders Supply Co. v. Maldonado, 405 So. 2d 1345 (Fla. 3d DCA 1981).…

Authorities Cited

N. Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla. 1962)
Dade Cnty. v. Lambert, 334 So. 2d 844 (Fla. 3d DCA 1976)

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