JORGE ALBERTO GODINEZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (15 total)

• Zeigler v. Huston, 626 So. 2d 1046 (Fla. 4th DCA 1993)
  …tion with a motion to vacate, is the due diligence demonstrated in seeking relief after learning that a default has been entered, not in keeping abreast of the litigation prior to entry of a default as the trial court concluded. See Moore v. Powell, 480 So. 2d 137, 139 (Fla. 4th DCA 1985), rev. denied, 492 So. 2d 1333 (Fla.1986). Assuming that standard to be applicable, the factual circumstances here demonstrate both due diligence and excusable neglect on the part of appellant and less than forthright conduct…
• Paleias v. Wang, 632 So. 2d 1132 (Fla. 4th DCA 1994)
  …that defendant’s reliance on her insurer was justified, especially in view of the continuing notice she received, through subsequent pleadings sent directly to her, prior to the trial on damages and entry of a default judgment.4 See Moore v. Powell, 480 So. 2d 137 (Fla. 4th DCA 1985), rev. denied, 492 So. 2d 1333 (Fla.1986). Similarly, it cannot be said that the defendant acted with due diligence in moving to set aside the default where 100 days had elapsed after receipt of the unilateral pretrial stipulation…
• Allstate Ins. Co. v. Ladner, 740 So. 2d 42 (Fla. 1st DCA 1999)
  …ed proposed answer containing general denial and affirmative defenses, including contributory and comparative negligence, established “meritorious defense sufficient for purposes of setting aside an interlocutory order of default”); Moore v. Powell, 480 So. 2d 137, 139 (Fla. 4th DCA 1985), review denied, 492 So. 2d 1333 (Fla.1986). Thus, appellees’ contention that Allstate was required to file a verified pleading or affidavit containing facts supporting a meritorious defense fails. Accordingly, we reverse th…

Authorities Cited

• Tige Scholl v. State, 94 Fla. 1138 (Fla. 1927)
• Adolfo Gerda Delagado v. State, 361 So. 2d 726 (Fla. 4th DCA 1978)
• Blount v. State, 67 So. 2d 209 (Fla. 1953)
• McLAUGHLIN v. State, 286 So. 2d 601 (Fla. 1st DCA 1973)