RUFUS P. BROWN, APPELLANT,
v.
D. P. VASILIADES AND D. P. VASILIADES D/B/A SEASIDE RESTAURANT AND AUTO-OWNERS INSURANCE COMPANY, APPELLEES

Fla. 1st DCA | 1977-04-28
No. EE-464
BOYER, C. J., and McCORD and MILLS, JJ., concur.
344 So. 2d 1325 Florida District Court of Appeal, First District (1977) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks reversal of an order of the trial court vacating a default, citing Metcalf v. Langston, 296 So. 2d 81 (Fla. 1st DCA 1974). In that case we affirmed an order of the trial court denying a motion to vacate. Orders of trial courts reach us clothed with a presumption of correctness whether the order denies or grants a particular motion. Further, as recited in Metcalf v. Langston, supra, citing and quoting from North Shore Hospital, Inc. v. Barber, 143 So. 2d 849 (Fla.1962), the law favors settling disputes on the merits and “to stand less upon strict rules of practice.”

AFFIRMED.

BOYER, C. J., and McCORD and MILLS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Douglas v. Arneda Eiriksson, 347 So. 2d 1074 (Fla. 1st DCA 1977)
    …retion. Eli Einbinder, Inc. v. Miami Crystal Ice Company, 317 So. 2d 126 (Fla. 3d DCA 1975). Just as there is a strong presumption of correctness in favor of an order of a trial court relative to a motion to set aside a default (Brown v. Vasiliades, 344 So. 2d 1325 (Fla. 1st DCA 1977)) there is a similar presumption of correctness applicable to the granting or denial of a motion to dismiss for lack of prosecution. Eli Einbinder, Inc. v. Miami Crystal Ice Company, supra. Sub judice, the Douglases have not overc…
  • Palatka Hous. Auth. v. Queen Betts, 349 So. 2d 784 (Fla. 1st DCA 1977)
    …retion. Eli Einbinder, Inc. v. Miami Crystal Ice Company, 317 So. 2d 126 (Fla. 3d DCA 1975). Just as there is a strong presumption of correctness in favor of an order of a trial court relative to a motion to set aside a default (Brown v. Vasiliades, 344 So. 2d 1325 (Fla. 1st DCA 1977)) there is a similar presumption of correctness applicable to the granting or denial of a motion to dismiss for lack of prosecution.” In my view the learned trial judge properly applied the Rules of Civil Procedure in their prese…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw