VICTOR KHUBANI, D/B/A THE GRAND HOTEL, APPELLANT,
v.
HELEN MIKULIC, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Victor Khubani appeals a trial court's denial of his motion to set aside a default judgment in a negligence action. The appellate court reverses, holding that Khubani demonstrated excusable neglect, a meritorious defense, and due diligence, and that the trial court abused its discretion by failing to resolve doubts in favor of allowing a trial on the merits.
The appellate court reversed the trial court's denial of the motion to set aside the default. Khubani satisfied all three requirements for relief: he demonstrated excusable neglect through his timely letter and continuance request, established a meritorious defense by denying ownership of the hotel, and showed due diligence by promptly retaining counsel and filing the motion. The trial court abused its discretion by failing to resolve reasonable doubts in favor of a trial on the merits.
[1] A defendant seeking to set aside a default judgment must demonstrate excusable neglect, a meritorious defense, and due diligence in seeking relief after learning of the d…
[2] Any reasonable doubt regarding the vacation of a default judgment should be resolved in favor of granting the application and allowing a trial on the merits.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To be relieved of a default, a defendant must show excusable neglect, a meritorious defense, and due diligence in seeking relief after learning of the default.”
Establishes the three-prong test that must be satisfied to obtain relief from a default judgment.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHelen Mikulic sued Victor Khubani, a New Jersey resident, for personal injuries allegedly sustained in a fall at a hotel he owned and operated. An ame…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Setting Aside Default cases and more on FLexlaw
THREADGILL, Judge.
Victor Khubani appeals from a nonfinal order denying his motion to set aside a default judgment entered in this negligence action. We have jurisdiction pursuant to Florida Rules of Appellate Procedure 9.130(a)(3)(C)(iv) and 9.130(a)(5). We reverse.
Helen Mikulic filed an action for personal injuries against Khubani, a New Jersey resident, alleging that Khubani owned and operated a hotel in which she fell and sustained injuries. Mikulic served an amended complaint on Khubani on July 30, 1992. In response, on August 10, 1992, Khubani sent a letter to Mikulic’s counsel and the clerk of court, advising that Hotel Wales-bilt, Inc., was the proper defendant. Mi-kulic filed a motion for default on August 31, 1992. This motion named Hotel Wales-bilt, Inc., as defendant in the case style, and Khubani refused delivery.
On September 21, 1992, an amended motion for default, naming Khubani as defendant, was delivered to him in New Jersey, along with a notice of hearing scheduled for September 24, 1992.
On September 23, 1992, Khu-bani faxed a letter to the trial court requesting continuance of the hearing. The hearing was held as scheduled, and the trial court entered an order granting the default on September 28, 1992.
Khubani hired a Florida attorney who filed a motion to set aside the default on November 10, 1992. The trial court denied the motion without comment.
To be relieved of a default, a defendant must show excusable neglect, a meritorious defense, and due diligence in seeking relief after learning of the default. Ponderosa, Inc. v. Stephens, 539 So. 2d 1162 (Fla. 2d DCA 1989).
Any reasonable doubt regarding the vacation of a default should be resolved in favor of granting the application and allowing a trial on the merits. North Shore Hosp., Inc. v. Barber, 143 So. 2d 849, 853 (Fla.1962).
We believe Khubani’s motion to set aside the default, along with the exhibits attached thereto, established at least a reasonable doubt as to the propriety of a default in this ease. Khubani’s reliance upon his letter and request for continuance supports a finding of excusable neglect. See Kidder v. Hess, 481 So. 2d 984 (Fla. 5th DCA 1986); Terino Bros., Inc. v. Airey, 364 So. 2d 768 (Fla. 2d DCA 1978); In re Estate of Raso, 332 So. 2d 78 (Fla. 4th DCA 1976).
In addition, because Khubani’s alleged liability arises from his ownership and operation of the hotel, his denial of ownership establishes a meritorious defense sufficient to set aside an interlocutory order of default. See Ponderosa, 539 So. 2d at 1164; North Shore Hosp., Inc., 143 So. 2d at 852.
Finally, Khubani acted with due diligence in retaining Florida counsel and moving to have the default set aside. We believe the trial court abused its discretion in failing to resolve these doubts in favor of a trial on the merits. 143 So. 2d at 853.
We therefore reverse and remand for further proceedings.
PRANK, C.J., and BLUE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Allstate Ins. Co. v. Ladner, 740 So. 2d 42 (Fla. 1st DCA 1999)…0, 1271-72 (Fla. 1st DCA 1989). For a court to grant a defendant relief from a default, however, the defendant must show excusable neglect, a meritorious defense, and due diligence in seeking relief after learning of the default. Khubani v. Mikulic, 620 So. 2d 800, 801 (Fla. 2d DCA 1993). In the instant case appellees concede that Allstate demonstrated both excusable neglect and due diligence. The only issue is whether the trial court abused its discretion in denying Allstate’s motion to vacate the clerk’s de…
-
Magna M. Decubellis v. Ritchotte, 730 So. 2d 723 (Fla. 5th DCA 1999)…default foreclosure judgment. Florida’s well-settled rule is that to reverse a default judgment, “a defendant must show excusable neglect, a meritorious defense, and due diligence in seeking relief after learning of the default.” Khubani v. Mikulic, 620 So. 2d 800, 801 (Fla. 2d DCA 1993). Further, “[a]ny reasonable doubt regarding the vacation of a default should be resolved in favor of granting the application and allowing a trial on the merits.” Id. (citing North Shore Hosp. v. Barber, 143 So. 2d 849 (Fla.1…
-
Rogozinski v. Sullivan, 624 So. 2d 822 (Fla. 2d DCA 1993)…7,1991, advising them of this fact. The defendants arranged a meeting with Mr. Dakan a few days thereafter. The trial court erred in denying the defendants’ motions to set aside the default judgment. As in our recent decision in Khubani v. Mikulic, 620 So. 2d 800 (Fla. 2d DCA1993), both defendants have “established at least a reasonable doubt as to the propriety of a default in this case,” and “the trial court abused its discretion in failing to resolve these doubts in favor of a trial on the merits.” Id. at…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- N. Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla. 1962)
- Terino Bros., Inc. v. Airey, 364 So. 2d 768 (Fla. 2d DCA 1978)
- Crawley v. State, 539 So. 2d 1162 (Fla. 2d DCA 1989)
- Ponderosa, Inc. v. Stephens, 539 So. 2d 1162 (Fla. 2d DCA 1989)
- Kidder v. Barney Allyn Hess, 481 So. 2d 984 (Fla. 5th DCA 1986)
- In re Est. of Anthony Benjamin Raso, 332 So. 2d 78 (Fla. 4th DCA 1976)