CLARENCE K. MALLOY, APPELLANT,

v.

AUDREY M. CHAMBERS, APPELLEE

Citator

Cited By

• Westinghouse Credit Corp. v. Steven Lake Masonry, Inc., 356 So. 2d 1329 (Fla. 4th DCA 1978)
  …Inc. v. Wright, 342 So. 2d 503 (Fla.1977). Yet there are two areas where the courts have consistently upheld defaults and both are factors in this case. First, failure of the attorney to act with no good reason given, Sun Finance Corp. v. Friend, 139 So. 2d 484 (Fla. 3rd DCA 1962). Second, failure to immediately react upon learning of the default. In Re Aston, 245 So. 2d 674 (Fla. 4th DCA 1971). In this case the defendants below turned over the served complaint to a lawyer who inexplicably failed to do a…

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• E & E Elec. Contractors, Inc. v. Myron Singer and Eleanor Singer, 236 So. 2d 195 (Fla. 3d DCA 1970)
  …ggan v. Edson, Fla.1966, 186 So. 2d 13; Houston Texas Gas and Oil Corp. v. Hoeffner, Fla.App.1961, 132 So. 2d 38. This court has been confronted with fact situations nearly identical to the case at bar. In Sun Finance Corp. v. Friend, Fla.App.1962, 139 So. 2d 484, we concluded that it was an abuse of discretion for the trial court to have set aside a default judgment, such setting aside having been based solely upon a motion and affidavit setting forth mistake and/or neglect of counsel. See also, White v. Sp…
• Martine Lacore v. Giralda Bake Shop, Inc., 407 So. 2d 275 (Fla. 3d DCA 1981)
  …ding excusable neglect under Florida Rules of Civil Procedure 1.540(b)(1). Westinghouse Credit Corp. v. Steven Lake Masonry, Inc., 356 So. 2d 1329 (Fla. 4th DCA 1978); Bailey v. Deebold, 351 So. 2d 355 (Fla.2d DCA 1977); Sun Finance Corp. v. Friend, 139 So. 2d 484 (Fla.3d DCA 1962). The lack of excusable neglect is not fatal to appellant’s quest for relief. Appellant also claims relief from the judgment of default under Florida Rules of Civil Procedure 1.540(b)(3).1 By affidavit, appellant claims appellee ha…

Authorities Cited

• Cloud v. Fallis, 110 So. 2d 669 (Fla. 1959)
• Cloud v. Fallis, 107 So. 2d 264 (Fla. 2d DCA 1958)