S.K., THE FATHER, APPELLANT,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, STATE OF FLORIDA, APPELLEE
S.K., THE FATHER, APPELLANT,
DEPARTMENT OF CHILDREN AND FAMILIES, STATE OF FLORIDA, APPELLEE
839 So. 2d 876
Florida District Court of Appeal, Fourth District (2003)
Positive Treatment
Cited by 21 cases
Opinion of the Court
PER CURIAM.
We find that the entry of a default and the trial court’s denial of the father’s motion to vacate the default judgment terminating his parental rights was an abuse of discretion. Rule 8.270 provides that “[o]n motion and upon such terms as are just, the court may relieve a party or the party’s legal representative from an order, judgment, or proceeding for the following reasons: Mistake, inadvertence, surprise, or excusable neglect.” Fla. R. Juv. P. 8.270(1). We find that the father demonstrated at least one of these reasons.
REVERSED.
FARMER, STEVENSON and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
Morgenthau v. Est. OF Richard M. Andzel & Sanders Boyer, 26 So. 3d 628 (Fla. 1st DCA 2009)…ate Code. No motion for rehearing was filed and appellant seeks review of this order. A decision of a probate court to strike an alleged creditor’s claim against an estate is reviewed for abuse of discretion. Strudowitz v. The Cadle Co., II, Inc., 839 So. 2d 876, 881 (Fla. 4th DCA 2003). However, to the extent this issue turns on statutory interpretation, the standard of review is de novo. In the underlying action, appellant filed a Statement of Claim alleging he was a readily ascertainable creditor of the…1 / 2
-
Shiloh Toler and Troy Toler v. Bank OF Am., 78 So. 3d 699 (Fla. 4th DCA 2012)…DCA 1974); see also Schuman v. Int’l Consumer Corp., 50 So. 3d 75, 76 (Fla. 4th DCA 2010) (same). “[Ujnder this standard, discretion is abused only where no reasonable person would take the view adopted by the trial court.” Strulowitz v. Cadle Co., 839 So. 2d 876, 881 (Fla. 4th DCA 2003) (citing Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla.1980)). Questions of law, such as the interpreta [*702] tion of statutes, are reviewed de novo. Cont’l Cas. Co. v. Ryan Inc. E., 974 So. 2d 368, 373 (Fla.2008). In…
-
Simpson v. Est. OF H. James Simpson, Jr., 922 So. 2d 1027 (Fla. 5th DCA 2006)…e notice of administration on known or reasonably ascertainable creditors of the estate. Due process also requires that a known or reasonably ascertainable creditor be given notice of the commencement of probate proceedings. Strulowitz v. Cadle Co., 839 So. 2d 876, 880 (Fla. 4th DCA 2003) (citing Tulsa Professional Collection Services, Inc. v. Pope, 485 U.S. 478, 108 S.Ct. 1340, 99 L.Ed.2d 565 (1988)). If the personal representative fails to serve notice upon a known or reasonably ascertainable creditor, the…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence