FLORIDA SPECIALIZED CARRIERS, INC., APPELLANT,
v.
TIERRA CONSTRUCTION COMPANY, INC., AND LAMAR ADAMS, APPELLEES
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PER CURIAM.
This is an appeal from an order setting aside a final default judgment. Entitlement to that relief requires the movant to establish both excusable neglect and a meritorious defense. Kindle Trucking Co. v. Mannar Corp., 468 So. 2d 502 (Fla. 5th DCA 1985). Although the appellees below alleged a meritorious defense, the trial judge did not find, nor would the record support, a finding of excusable neglect. To the contrary, the record shows that over a period of ten months, the corporation and the pro se appellee consistently failed to attend court hearings and depositions and ignored the court’s order to answer the amended complaint.
An order setting aside a final judgment in the absence of any evidence demonstrating excusable neglect constitutes a gross abuse of discretion mandating reversal. Sterling Drug, Inc. v. Wright, 342 So. 2d 503 (Fla.1977); Tire Kingdom, Inc. v. Bowman, 480 So. 2d 221 (Fla. 5th DCA 1985); TPM Constructors, Inc. v. Twin Coast Tile, Inc., 425 So. 2d 580 (Fla. 5th DCA), review denied, 434 So. 2d 889 (Fla.1983). On remand, the trial court is instructed to reinstate the final judgment.
REVERSED and REMANDED with instructions.
HARRIS, C.J., and GOSHORN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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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.…
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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…
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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
- Sterling Drug, Inc. v. Wright, 342 So. 2d 503 (Fla. 1977)
- Kindle Trucking Co. v. Marmar Corp., 468 So. 2d 502 (Fla. 5th DCA 1985)
- TPM Constructors, Inc. v. Twin Coast Title, Inc., 425 So. 2d 580 (Fla. 5th DCA 1982)
- Tire Kingdom, Inc. v. Bowman, 480 So. 2d 221 (Fla. 5th DCA 1985)