SYLVIA NEWKIRK, APPELLANT,
v.
FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., A FLORIDA CORPORATION, AND PIC 'N' PAY SUPERMARKET # 9, INC., A FLORIDA CORPORATION, D/B/A EARL'S MARKET, APPELLEES
SYLVIA NEWKIRK, APPELLANT,
FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., A FLORIDA CORPORATION, AND PIC 'N' PAY SUPERMARKET # 9, INC., A FLORIDA CORPORATION, D/B/A EARL'S MARKET, APPELLEES
464 So. 2d 1256
Florida District Court of Appeal, Third District (1985)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Under the facts herein, section 631.67, Florida Statutes (1983), did not furnish a basis for vacating the default judgment in favor of Newkirk. Appellees were required to proceed under Florida Rule of Civil Procedure 1.540(b). Appellees’ motions to vacate the default judgment did not sufficiently allege excusable neglect, nor did they aver the existence of a meritorious defense. Further, the motions were not supported by affidavit or other sworn statement. See B.C. Builders Supply Co. v. Maldonado, 405 So. 2d 1345 (Fla. 3d DCA 1981). Thus, the trial court erred in setting aside the judgment in favor of Newkirk.
Accordingly, we reverse and remand with directions to reinstate the judgment.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Napco Paints, Inc. v. LaPORTE (U.S.), Inc., 490 So. 2d 1023 (Fla. 3d DCA 1986)…y that Napco “has a meritorious defense,” without setting forth any of the facts of the alleged defense, and (b) no affidavits, evidence or testimony was ever adduced below on the said motion; Newkirk v. Florida Insurance Guaranty Association, Inc., 464 So. 2d 1256 (Fla. 3d DCA 1985); Hall v. Byington, 421 So. 2d 817, 817 (Fla. 4th DCA 1982); Pedro Realty, Inc. v. Silva, 399 So. 2d 367, 369 (Fla. 3d DCA 1981), approved, 411 So. 2d 872 (Fla.1982); Tremblay v. Marck, 378 So. 2d 855 (Fla. 4th DCA 1979), cert. den…
-
Inter-Atlantic Ins. Servs., Inc. v. Hernandez, 632 So. 2d 1069 (Fla. 3d DCA 1994)…statements rather than the facts required to explain why it should be excused for not responding to plaintiffs complaint. See Napco Paints, Inc. v. LaPorte (U.S.), Inc., 490 So. 2d 1023 (Fla. 3d DCA 1986); Newkirk v. Florida Ins. Guar. Ass’n, Inc., 464 So. 2d 1256 (Fla. 3d DCA 1985). Since Inter-Atlantic failed to show any excusable neglect, we find that the trial court did not abuse its discretion in failing to set aside the default. Affirmed.…
-
Int'l Design & Display Grp., Inc. v. Barnett Bank OF S. Fla., N.A., 590 So. 2d 554 (Fla. 3d DCA 1991)…e facts justifying such relief and to submit affidavits or other sworn statements in support of its request for relief. Napco Paints, Inc. v. LaPorte [*555] (U.S.), Inc., 490 So. 2d 1023 (Fla. 3d DCA 1986); Newkirk v. Florida Ins. Guar. Ass'n, Inc., 464 So. 2d 1256 (Fla. 3d DCA 1985); Tompkins v. Kraemer, 402 So. 2d 35 (Fla. 3d DCA 1981). We, therefore, reverse the order setting aside the judgment. On remand, the trial court is directed to reinstate the judgment. Reversed and remanded.…
Authorities Cited
- B. C. Builders Supply Co., Inc. v. Maldonado, 405 So. 2d 1345 (Fla. 3d DCA 1981)