NIVCAB, INC., A FLORIDA CORPORATION, APPELLANT,
v.
ACCORD INSURANCE NETWORK OF AMERICA, INC., A FLORIDA CORPORATION AND THOMAS J. KANE III, AN INDIVIDUAL, APPELLEES
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The court held that the trial court did not abuse its discretion in vacating a default judgment.
NIVCAB, Inc. appealed an order vacating a default judgment against Thomas Kane. The appellate court reviewed the standard for vacating default judgmen…
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NIVCAB, Inc. appeals a circuit court order vacating an entry of default judgment against Thomas Kane. We affirm.
In North Shore Hospital, Inc. v. Barber, 143 So.2d 849, 852 (Fla.1962), the Florida Supreme Court explained that a “showing of gross abuse of a trial court’s discretion is necessary on appeal to justify reversal of the lower court’s ruling on a motion to vacate.” In attempting to define the heightened requirement of “gross abuse,” we have determined that appellate judges “should be as deferential to a trial judge’s decision vacating a default as [we] can possibly be, upsetting it very rarely and *1205only with undeniable provocation.” Bethesda Mem’l Hosp., Inc. v. Laska, 977 So.2d 804, 806 (Fla. 4th DCA 2008).
We do not find the trial court’s decision in this case so contrary to reason that we are “undeniably provoked” to act. We affirm and find the trial court’s order to set aside the default judgment was a sound exercise of its discretion consistent with North Shore Hospital and Laska.
Affirmed.
WARNER, FARMER and LEVINE, JJ., concur.
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M.W. v. SPCP Grp. V, LLC, 163 So. 3d 518 (Fla. 3d DCA 2015)…n the position that appellate courts “should be as deferential to a trial judge’s decision vacating a default as [we] can possibly be, upsetting it very rarely and only with undeniable provocation.” NIV-CAB, Inc. v. Accord Ins. Network of Am., Inc., 24 So. 3d 1204, 1204-05 (Fla. 4th DCA 2009) (quoting Bethesda Mem’l Hosp., Inc. v. Laska, 977 So. 2d 804, 806 (Fla. 4th DCA 2008)). When this case is examined in light of the governing standard of review, it is clear the trial court did not commit a reversible err…
Authorities Cited
- N. Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla. 1962)
- Chernoff Diamond & Co. v. Gallin Assocs., Inc., 258 So. 3d 563 (Fla. 2d DCA 2018)
- Bethesda Mem'l Hosp., Inc. v. Judie Laska, 977 So. 2d 804 (Fla. 4th DCA 2008)