MARYSELY GONZALEZ, APPELLANT,
v.
GUILLERMO HEWITT, APPELLEE
Marysely Gonzalez (“Mother”) appeals the default final judgment of paternity, contending that the trial court erred in summarily denying her motion to set aside the default judgment without an evidentia-ry hearing regarding her allegations of excusable neglect. We agree. We therefore reverse the judgment and remand with instructions to hold an evidentiary hearing on Mother’s motion to vacate. We also note that the trial court erred in failing to make appropriate findings regarding the best interest of the child pursuant to section 61.13(3), Florida Statutes (2016), and by failing to include an explanation of the method by which Mother can establish timesharing with the child.
REVERSED and REMANDED.
SAWAYA and BERGER, JJ., and JACOBUS, B.W., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Reunion W. Dev. P'rs, LLLP v. Afranio Sanford Guimaraes, Jr., 221 So. 3d 1278 (Fla. 5th DCA 2017)…ppellate courts “review de novo a trial court’s ruling on a motion to compel arbitration, but ... defer to the trial court’s factual findings provided that they are supported by competent, substantial evidence.” Timber Pines Plaza, LLC v. Zabrzyski, 211 So. 3d 1147, 1150 (Fla. 5th DCA 2017). While arbitrability is generally an issue for trial courts to decide, courts must delegate the authority to the arbitrator if the parties’ contract so provides. Morton v. Polivchak, 931 So. 2d 935, 938-39 (Fla. 2d DCA 200…
-
Fouche v. Pilot Catastrophe Servs., Inc., 217 So. 3d 225 (Fla. 5th DCA 2017)…proceeding that involves a claim subject to the arbitration. § 682.03(7), Fla. Stat. (2015). Our court recently recognized the appropriate disposition under facts similar to the instant case. In Timber Pines Plaza, LLC v. Zabrzyski, No. 5D16-3275, 211 So. 3d 1147, 2017 WL 951869 (Fla. 5th DCA March 10, 2017), we reversed the trial court’s order denying a motion to compel arbitration and remanded with instructions to send the matter to arbitration and to stay the litigation, citing to section 682.03(7). Acco…