YURIAN ESCOBAR,
v.
RAFAEL MARINO, ET AL.,

Fla. 3d DCA | 2022-06-22
No. 21-1498
Gonzalez-Meyer, J., Emas, J., Hendon, J., Gordo, J.
Florida District Court of Appeal, Third District (2022)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Holding

A trial court's denial of a motion to vacate a default is reviewed for abuse of discretion, and the appellant failed to demonstrate error.

Headnotes

[1] A party seeking to vacate a default judgment must demonstrate excusable neglect, a meritorious defense, and due diligence in filing the motion to set aside the default.

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Key Quotes

“A party moving to set aside a default must show excusable neglect, a meritorious defense, and due diligence in moving to set aside the default.”

Standard for vacating a default judgment
Facts & Procedural History

Yurian Escobar appealed a non-final order from Miami-Dade County Court denying his motion to vacate a default judgment in a case against Rafael Marino…

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Topics
Appellate Burden Of Proof Motion To Vacate Default Judgment Meritorious Defense Presumption Of Correctness

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Per_curiam
Per Curiam

Third District Court of Appeal State of Florida Opinion filed June 22, 2022. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D21-1498 Lower Tribunal No. 21-16786 CC ________________ Yurian Escobar, Appellant, vs. Rafael Marino, et al., Appellees. An Appeal from a non-final order from the County Court for Miami- Dade County, Gloria Gonzalez-Meyer, Judge. Yurian Escobar, in proper person. Raymond Carrero, P.A., and Raymond Carrero, for appellees. Before EMAS, HENDON and GORDO, JJ.

PER CURIAM.

Footnotes
2 Affirmed. See Universal Prop. & Cas. Insur. Co. v. Dimanche, 47 Fla. L. Weekly D903 at *3 (Fla. 3d DCA Apr. 20, 2022) (“We review the denial of a motion to vacate a default under an abuse of discretion standard.”) (citing Robles v. Fed. Nat'l Mortg. Ass'n, 255 So. 3d 986, 988 (Fla. 3d DCA 2018)); Lanza v. Allied Trucking of Fla., Inc., 930 So. 2d 633, 634 (Fla. 3d DCA 2006) (“A party moving to set aside a default must show excusable neglect, a meritorious defense, and due diligence in moving to set aside the default.”). See also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979) (“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error. . . . The question raised by [appellant] clearly involves underlying issues of fact. When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.”)

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