F. RENE DE LA HUERTA, M.D., F. RENE DE LA HUERTA, M.D., P.A., AND AREA 11-F COMMUNITY MENTAL HEALTH SERVICES, INC., D/B/A MIAMI MENTAL HEALTH CENTER, APPELLANTS,
v.
BERNICE SAPHIN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SYBIL ZIMMERMAN, HER DECEASED DAUGHTER, APPELLEE

Fla. 3d DCA | 1984-11-20
No. 84-1916
Before SCHWARTZ, C.J., and BARK-DULL and JORGENSON, JJ.
459 So. 2d 438 Florida District Court of Appeal, Third District (1984) Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the trial court’s order denying the defendants’ motion to vacate default upon a holding that the defendants have satisfied the test established in B.C. Builders Supply Co. v. Maldonado, 405 So. 2d 1345 (Fla. 3d DCA 1981), in that (1) excusable neglect is demonstrated under the facts herein where a hospital administrator promptly forwarded suit papers to the hospital’s current insurance carrier and, upon learning that a prior carrier should defend, promptly advised the prior carrier which thereupon retained counsel and moved within ten days to vacate the default, supported by an explanatory affidavit; and (2) meritorious defenses are contained in the answer. Accordingly, the order under review is reversed and this cause is remanded for further proceedings.

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  • Miami-Dade Cnty. v. Coral BAY Section C Homeowners Ass'n, Inc., 979 So. 2d 318 (Fla. 3d DCA 2008)
    …ve repeatedly in similar instances in the recent past, that the trial court’s failure to set the default aside was a clear abuse of discretion. E.g., Wien v. Quayside Realty, Inc., 462 So. 2d 569 (Fla. 3d DCA 1985) and cases cited; Huerta v. Saphin, 459 So. 2d 438 (Fla. 3d DCA 1984); B.C. Builders Supply Co., Inc. v. Maldonado, 405 So. 2d 1345 (Fla. 3d DCA 1981); see North Shore Hospital, Inc. v. Barber, 143 So. 2d 849 (Fla.1962); Savela v. Fisher, 464 So. 2d 240 (Fla. 2d DCA 1985). As the court correctly sum…
  • Wien v. Quayside Realty, Inc., 462 So. 2d 569 (Fla. 3d DCA 1985)
    …Since, on these facts, the requirements of a meritorious defense, excusable — if any — neglect, due diligence, and, most important of all, the demands of justice, have all been satisfied, the default may not be permitted to stand. Huerta v. Saphin, 459 So. 2d 438 (Fla. 3d DCA 1984); B.C. Builders Supply Co., Inc. v. Maldo [*570] nado, 405 So. 2d 1345 (Fla. 3d DCA 1981); McAlice v. Kirsch, 368 So. 2d 401 (Fla. 3d DCA 1979). Reversed. . Service took place on April 24, 1984. The affidavits of service and a…
  • Kuehne & Nagel, Inc. v. Esser Int'l, Inc., 467 So. 2d 457 (Fla. 3d DCA 1985)
    …ve repeatedly in similar instances in the recent past, that the trial court’s failure to set the default aside was a clear abuse of discretion. E.g., Wien v. Quayside Realty, Inc., 462 So. 2d 569 (Fla. 3d DCA 1985) and cases cited; Huerta v. Sapkin, 459 So. 2d 438 (Fla. 3d DCA 1984); B.C. Builders Supply Co., Inc. v. Maldonado, 405 So. 2d 1345 (Fla. 3d DCA 1981); see North Shore Hospital, Inc. v. Barber, 143 So. 2d 849 (Fla.1962); Savela v. Fisher, 464 So. 2d 240 (Fla. 2d DCA 1985). As the court correctly sum…

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