VALERIE HOWARD, ET AL., APPELLANTS,
v.
FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, ET AL., APPELLEES

Fla. 3d DCA | 1991-11-26
No. 90-973
Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.
589 So. 2d 1018 Florida District Court of Appeal, Third District (1991)

Opinion of the Court
PER CURIAM.

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.


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