MR. AND MRS. MALCOLM SMITH, APPELLANTS,
v.
HUBERT RUTLAND ET AL., APPELLEES
MR. AND MRS. MALCOLM SMITH, APPELLANTS,
HUBERT RUTLAND ET AL., APPELLEES
341 So. 2d 283
Florida District Court of Appeal, Second District (1977)
Positive Treatment
Cited by 2 cases
Opinion of the Court
OTT, Judge.
Mr. and Mrs. Malcolm Smith, plaintiffs below, appeal from an order vacating a default entered against Hubert Rutland, defendant below. The granting of such relief is a matter within the sound discretion of the court. E.g., Kern v. Kern, 291 So. 2d 210 (Fla. 4th DCA 1974). In this instance extensive evidence was presented to the trial court by both parties. Our examination of the record failed to disclose any abuse of discretion by the trial court.
AFFIRMED.
HOBSON, Acting C. J., and GRIMES, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bailey v. Deebold, 351 So. 2d 355 (Fla. 2d DCA 1977)…. v. Wright, 342 So. 2d 503 (Fla.1977). We adhere to the “liberal approach” established and clarified by the above authority. See Chamberlin v. Mid-Century Insurance Company, et al., 350 So. 2d 364 (Opinion filed October 5, 1977); Smith v. Rutland, 341 So. 2d 283 (Fla.2d DCA 1977). Under the circumstances of the instant case, however, we hold that the motion to vacate was not “made within a reasonable time” (albeit within the maximum authorized period of one year) and that the appellee was guilty of gross ne…
Authorities Cited
- Kern v. Kern, 291 So. 2d 210 (Fla. 4th DCA 1974)