MERRILL-STEVENS DRY DOCK CO., APPELLANT,
v.
THOMAS DOZIER AND JACQUELINE DOZIER D/B/A THE YACHT FREE LOVE, APPELLEES
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PER CURIAM.
Upon consideration of this interlocutory appeal by the defendant, Merrill-Stevens Dry Dock Co., from a final judgment of default entered after the circuit court denied the defendant’s motion to set aside a default for failure to timely file a pleading or paper in response to the plaintiff-appel-lees’ complaint, we find there to be reversible error. The policy of the courts of Florida in setting aside defaults in order to permit a trial on the merits is one of liberality. North Shore Hospital, Inc. v. Barber, Fla.1962, 143 So. 2d 849. Therefore, the order denying the defendant’s motion to set aside default and the final judgment of default entered pursuant thereto are reversed and remanded to the trial court with directions to proceed to trial on the merits.
Reversed and remanded with directions.
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B/G Amusements, Inc. v. Mystery FUN House, Inc., 381 So. 2d 318 (Fla. 5th DCA 1980)…a default should be vacated allowing a trial on the merits. The general policy of Florida courts in vacating defaults and judgments entered as a consequence of default is stated in the following language from Merrill-Stevens Dry Dock Co. v. Dozier, 310 So. 2d 434 (Fla. 3d DCA 1975): The policy of the courts of Florida in setting aside defaults in order to permit a trial on the merits is one of liberality. It does not follow, however, that every default should be vacated simply because an application theref…
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Coon Clothing Co., Inc. v. Eggers, 560 So. 2d 1357 (Fla. 3d DCA 1990)…good cause for nonappearance .... ” It has long been the public policy of Florida that litigation should, wherever [*1358] possible, be resolved on the merits rather than on the basis of a procedural default. Merrill Stevens Dry Dock Co. v. Dozier, 310 So. 2d 434 (Fla. 3d DCA 1975). Dismissal is an extreme sanction and should only be imposed as a last resort. Mercer v. Raine, 443 So. 2d 944, 946 (Fla.1983). In the present case the notices actually arrived at the employer’s offices only three working days in…
Authorities Cited
- N. Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla. 1962)