CHASE FEDERAL SAVINGS AND LOAN ASSOCIATION, APPELLANT,
v.
MAY SOBER AND JACK SOBER, HER HUSBAND, APPELLEES
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PER CURIAM.
In view of this state’s policy of liberality toward setting aside defaults and allowing trials on the merits, see North Shore Hospital, Inc. v. Barber, 143 So. 2d 849 (Fla.1962), we find that it was a gross abuse of discretion for the trial court to deny the appellant’s motion to vacate the default in the present case. The appellant presented a meritorious defense and sufficiently demonstrated excusable neglect by showing there was an inadvertent misfiling of the summons and complaint by a clerical employee. See Edwards v. City of Fort Walton Beach, 271 So. 2d 136 (Fla.1972); North Shore Hospital; Associated Medical Institutions, Inc. v. Imperatori, 338 So. 2d 74 (Fla. 3d DCA 1976).
Accordingly, the order denying appellant’s motion to vacate default is reversed and the cause is remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
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Ward D. Zimmerman v. Vinylgrain Indus. OF Jacksonville, Inc., 464 So. 2d 1353 (Fla. 1st DCA 1985)…urts have indicated the necessity of a meritorious defense in order to vacate a default. Barber, supra; Country Clubs of Sarasota, Ltd. v. Zaun Equipment, Inc., 350 So. 2d 539 (Fla. 1st DCA 1977); Chase Federal Savings and Loan Association v. Sober, 455 So. 2d 1161 (Fla. 3d DCA 1984). Appellant has acted with due diligence seeking vacation of his default and his response to plaintiff’s complaint indicates a meritorious defense. Appellant alleges that Vinylgrain committed fraud or misrepresentation by failing…
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Marsh & McLennan, Inc. v. Aerolineas Nacionales del Ecuador, 530 So. 2d 971 (Fla. 3d DCA 1988)…judgment for appellate purposes, it arguably does not do so for purposes of seeking relief from judgment under Florida Rule of Civil Procedure 1.540. Compare Pruitt v. Brock, 437 So. 2d 768 (Fla. 1st DCA 1983) with Cuiffo v. Coconuts Recording Co., 455 So. 2d 1161 (Fla. 3d DCA 1984). . The motion for rehearing must be timely filed in order to suspend rendition. In Tompkins v. Kraemer, 402 So. 2d 35 (Fla. 3d DCA 1981), this court assumed jurisdiction under Rule 9.130(a)(4). The trial court issued an order, an…
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Fratus v. Fratus, 467 So. 2d 484 (Fla. 5th DCA 1985)…motion to set aside the default and final judgment. See Reicheinbach v. Southeast Bank, N.A., 462 So. 2d 611 (Fla. 3rd DCA 1985); Wien v. Quayside Realty, Inc., 462 So. 2d 569 (Fla. 3d DCA 1985); Chase Federal Savings and Loan Association v. Sober, 455 So. 2d 1161 (Fla. 3d DCA 1984). Accordingly, the judgment appealed is REVERSED. FRANK D. UPCHURCH, Jr., J., concurs. COBB, C.J., dissents with opinion. . § 48.193, Fla.Stat. (1983). This statute permits service of process outside this state by a person auth…
Authorities Cited
- N. Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla. 1962)
- Kit C. Edwards v. City OF Fort Walton Beach, 271 So. 2d 136 (Fla. 1972)
- Associated Med. Insts., Inc. v. Imperatori, 338 So. 2d 74 (Fla. 3d DCA 1976)