RAMON VIDAL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Affirmed. See Tingley v. State, 549 So. 2d 649 (Fla.1989); Mendyk v. State, 545 So. 2d 846, 849-850 (Fla.), cert. denied, — U.S. —, 110 S.Ct. 520, 107 L.Ed.2d 521 (1989); Buford v. State, 492 So. 2d 355, 359 (Fla.1986); State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Nunez v. State, 542 So. 2d 1061 (Fla. 3d DCA 1989); Meadows v. State, 534 So. 2d 1233 (Fla. 4th DCA 1988); Spivey v. State, 533 So. 2d 306 (Fla. 1st DCA 1988); Beltran v. State, 530 So. 2d 1045 (Fla. 3d DCA 1988), approved, 566 So. 2d 792 (Fla.1990); Lazarowicz v. State, 561 So. 2d 392, 396-397 (Fla. 3d DCA 1990).
We deny rehearing. However, we clarify our opinion in that we find no reversible error in any of the rulings below; but assuming .arguendo there was error with respect to the denial of leave to recall 'the mother as a witness, the error was harmless within the meaning of State v. DiGuilio, 491 So. 2d 1129 (Fla.1986).
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Allstate Floridian Ins. Co. v. Ronco Inventions, LLC, 890 So. 2d 300 (Fla. 2d DCA 2004)…r in those decisions.” Id. at 404 n. 5. In the next two cases, the Third District reversed trial court decisions denying motions to vacate defaults where the periods of delay substantially exceeded twenty days. Atl. Asphalt & Equip. Co. v. Mairena, 578 So. 2d 292 (Fla.3d DCA 1991) (approximately fifty-five days); Roberts v. Safeway Ins. Co., 610 So. 2d 700 (Fla. 3d DCA 1992) (sixty-six days or longer). In both of these cases, the court did not mention the twenty-day rule of thumb or cite to its recent opinio…1 / 2
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Cinkat Transp., Inc. v. Md. Cas. Co., 596 So. 2d 746 (Fla. 3d DCA 1992)…, 558 So. 2d 506 (Fla. 3d DCA 1990). Second, Cinkat asserted a meritorious defense to plaintiffs claim in its proposed answer setting out its affirmative defenses, which was attached to its motion to vacate. Atlantic Asphalt & Equip. Co. v. Mairena, 578 So. 2d 292 (Fla. 3d DCA 1991); Fortune Ins. Co. v. Sanchez, 490 So. 2d 249 (Fla. 3d DCA 1986). Finally, Cinkat acted with due diligence in filing its motion to vacate. Although Cinkat did not file a motion to vacate for over two months after entry of the defau…
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Gen. Motors Acceptance Corp. v. Thornberry, 629 So. 2d 292 (Fla. 3d DCA 1993)…established precedent, a mis-routing of suit papers under circumstances like these has been held to constitute excusable neglect. See North Shore Hospital, Inc. v. Barber, 143 So. 2d 849, 850 (Fla.1962); Atlantic Asphalt & Equipment Co. v. Mairena, 578 So. 2d 292, 293 (Fla. 3d DCA 1991); Hialeah, Inc. v. Adams, 566 So. 2d 350, 350-51 (Fla. 3d DCA), review denied, 576 So. 2d 284 (Fla.1990). The plaintiffs also claim that GMAC committed a procedural error when it raised the affirmative defense of statute of l…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
- Buford v. State, 492 So. 2d 355 (Fla. 1986)
- Tingley v. State, 549 So. 2d 649 (Fla. 1989)
- Lazarowicz v. State, 561 So. 2d 392 (Fla. 3d DCA 1990)
- Mendyk v. State, 545 So. 2d 846 (Fla. 1989)
- Hatten v. State, 542 So. 2d 1061 (Fla. 2d DCA 1989)
- Spivey v. State, 533 So. 2d 306 (Fla. 1st DCA 1988)
- Beltran v. State, 566 So. 2d 792 (Fla. 1990)
- The Sch. Bd. OF Broward Cnty. v. Aguilar, 534 So. 2d 1233 (Fla. 4th DCA 1988)
- Meadows v. State, 534 So. 2d 1233 (Fla. 4th DCA 1988)