JOHN DURGIN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Schauer v. Coleman, 639 So. 2d 637 (Fla. 2d DCA 1994)
  …r excusable neglect or a meritorious defense. In the absence of these two requirements, the trial court’s order setting aside the final default judgment was a gross abuse of discretion. Florida Specialized Carriers, Inc. v. Tierra Constr. Co., Inc., 632 So. 2d 282 (Fla. 5th DCA 1994). Accordingly, we reverse, remand for the reinstatement of the final default judgment in favor of the Schauers, and order the trial court to enter judgment vesting title. FRANK, C.J., and QUINCE, J., concur.…
• Suntrust Banks OF Fla., Inc. v. DON Wood, Inc., 693 So. 2d 99 (Fla. 5th DCA 1997)
  …was intending to file suit. The Bank also maintained that excusable neglect had not been demonstrated, but did not challenge the existence of a meritorious defense. See generally Florida Specialized Carriers, Inc., v. Tierra Construction Co., Inc., 632 So. 2d 282 (Fla. 5th DCA 1994). The trial court rejected these arguments and vacated the default because service of process was improper and excusable neglect had been demonstrated. Once the order vacating the default had been entered, the Contractor filed a…
• Pierce v. Marc, 826 So. 2d 525 (Fla. 3d DCA 2002)
  …eglect or a meritorious defense, and failed to provide any basis for relief under Florida Rules of Civil Procedure Rule 1.540. See Lederman v. Shore, 707 So. 2d 1134 (Fla. 4th DCA 1998); Florida Specialized Carriers, Inc. v. Tierra Constr. Co. Inc., 632 So. 2d 282 (Fla. 5th DCA 1994); Perry v. University Cabs, Inc., 344 So. 2d 914 (Fla. 3d DCA 1977). Accordingly, the order granting relief from the default judgment is reversed, and the trial court is instructed on remand to reinstate the final judgment. Reve…

Authorities Cited

• Quarry Jones v. State, 619 So. 2d 418 (Fla. 5th DCA 1993)