JESSIE MARLOW ET UX., ET AL., APPELLANTS,

v.

LOIS O'STEEN BODIFORD, APPELLEE

Citator

Cited By

• B. C. Builders Supply Co., Inc. v. Maldonado, 405 So. 2d 1345 (Fla. 3d DCA 1981)
  …with rule); Benedict v. W. T. Hadlow Co., 52 Fla. 188, 42 So. 239 (1906); Acme Fast Freight, Inc. v. Bell, 318 So. 2d 212 (Fla.3d DCA 1975) (no explanation in affidavit of why defendant failed to receive summons and complaint); Gacl, Inc. v. Zeger, 276 So. 2d 552 (Fla.3d DCA 1973). Cf. Flaxman v. Metropolitan Life Insurance Co., 340 So. 2d 515 (Fla.3d DCA 1976) (a defendant explained loss of summons and complaint in affidavit of good defense). A meritorious defense may be shown by either a pleading or affida…
• Sec. Bank, N.A. v. Bellsouth Advertising & Publ'g Corp., 679 So. 2d 795 (Fla. 3d DCA 1996)
  …5, 1348 (Fla. 3d DCA 1981); T.I.E. Communications, Inc. v. Toyota Motors Center, Inc., 391 So. 2d 697, 698 (Fla. 3d DCA 1980); Metcalf v. Langston, 296 So. 2d 81, 85-86 (Fla. 1st DCA), cert. dismissed, 302 So. 2d 414 (Fla.1974); GACL, Inc. v. Zeger, 276 So. 2d 552, 553 (Fla. 3d DCA 1973).2 Here the facts constituting excusable neglect were set forth only in an unsworn motion, and were unsupported by any affidavit or other proof. “[T]he trial court properly refused to set aside the defendants’ default where th…
• Acme Fast Freight, Inc. v. Bell, 318 So. 2d 212 (Fla. 3d DCA 1975)
  …inadvertance is sufficient to excuse compliance — it may be in some instances, but in other instances, not. It is the duty of the trial court, and not [*214] the appellate courts, to make that determination.” See GACL, Inc. v. Zeger, Fla.App., 1973, 276 So. 2d 552. After carefully considering the record, briefs and arguments of counsel, in the light of the rule favoring liberality in granting relief to a defaulting party, we have concluded that the trial court did not abuse its discretion in denying the moti…

Authorities Cited

• Goodno v. S. Fla. Farms Co., 95 Fla. 90 (Fla. 1928)