DON L. KNIGHT, APPELLANT,
v.
GEORGE B. GAINER, APPELLEE
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PER CURIAM.
By this interlocutory appeal appellant seeks review of a trial court’s denial of a motion to set aside a default. The facts of this case are remarkably similar to those in Metcalf v. Langston, Fla.App. 1st 1974, 296 So. 2d 81, cert. dis. Sup.Ct. Fla.1974, 302 So. 2d 414, wherein we stated, after dis-, cussing the applicable law that “Were there nothing more to consider we would be constrained to hold that the learned trial judge erred in denying the motion to set aside the default.” However, in that case we affirmed because the appellant had failed to comply with the requisite procedural steps. The record before us sub ju-dice, on the other hand, reveals that the appellant here, defendant below, has not so failed. The affidavit filed in the trial court alleges a meritorious defense, excusable neglect and a willingness to immediately proceed. (See Metcalf v. Langston, supra and North Shore Hospital, Inc. v. Barber, Sup.Ct.Fla.1962, 143 So. 2d 849).
On authority of the above mentioned cases, and. the authorities therein cited, we reverse the order here appealed and remand for further proceedings consistent with the authorities herein cited.
It is so ordered.
RAWLS, C. J., and BOYER and Mc-CORD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Scott v. Premium Dev., Inc., 328 So. 2d 557 (Fla. 1st DCA 1976)…not entitled to relief under Rules 1.500(d) and 1.540(b), R.C.P. Metcalf v. Langston, 296 So. 2d 81 (Fla.App. 1st), cert. dism. 302 So. 2d 414 (Fla.1974); Wesley Constr. Co. v. Yarnell, 268 So. 2d 454 (Fla.App. 4th, 1972). Contrast Knight v. Gainer, 310 So. 2d 58 (Fla.App. 1st, 1975); Palmer Johnson, Inc. v. Buxton, 262 So. 2d 892 (Fla.App. 2d, 1972) ; Florida Inv. Ent., Inc. v. Kentucky Co., supra. See also Wright and Miller, supra, § 2697. AFFIRMED. McCORD, Acting C. J., and FULLER, RICHARD S., Associate…
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Sec. Motors, Inc. v. Fiat Motors OF N. Am., Inc., 373 So. 2d 396 (Fla. 1st DCA 1979)…um Development, Inc., 328 So. 2d 557 (Fla. 1st DCA 1976); Allen v. Wright, 350 So. 2d 111 (Fla. 1st DCA 1977); Jordan v. Williams, 350 So. 2d 551 (Fla. 1st DCA 1977); Burbank v. Southland Corp., 345 So. 2d 1108 (Fla. 1st DCA 1977); Knight v. Gainer, 310 So. 2d 58 (Fla. 1st DCA 1975); Bay Convalescent Center, Inc. v. Carroll, 352 So. 2d 900 (Fla. 1st DCA 1977). I take it also that a plaintiff who has properly secured a default, for defendant’s inexcusable failure to respond and for defendant’s failure to mak…
Authorities Cited
- N. Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla. 1962)
- Metcalf v. Langston, 296 So. 2d 81 (Fla. 1st DCA 1974)
- Metcalf v. Langston, 302 So. 2d 414 (Fla. 1974)
- Mitrisin v. Hill, 302 So. 2d 414 (Fla. 1974)