VALERIE HOWARD, ET AL., APPELLANTS,
v.
FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, ET AL., APPELLEES
VALERIE HOWARD, ET AL., APPELLANTS,
FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, ET AL., APPELLEES
589 So. 2d 1018
Florida District Court of Appeal, Third District (1991)
Opinion of the Court
PER CURIAM.
We reverse the order denying the vacation of a default judgment entered in a child dependency case. There is record evidence appellants did not receive notice of the calendar call which they failed to attend; thus excusable neglect was demonstrated. See Dubois v. Fried, 378 So. 2d 1350 (Fla. 3d DCA 1980). Moreover, the asserted defense that the corporal punish ment appellants administered did not amount to abuse was a meritorious defense for purposes of setting aside a default. See In Interest of D.S., 492 So. 2d 797 (Fla. 2d DCA 1986).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In the Interest of D.S. and D.W.S. Misty Shane v. State, 492 So. 2d 797 (Fla. 2d DCA 1986)
- State v. McCORMICK, 378 So. 2d 1350 (Fla. 3d DCA 1980)