ERASMO MARTINEZ, APPELLANT,
v.
FEDERAL DEPOSIT INSURANCE CORPORATION, AS LIQUIDATOR OF SUNSHINE STATE BANK, APPELLEE
Explore caselaw by topic → Browse State Court Proceedings cases and more on FLexlaw
PER CURIAM.
We reverse and remand the order denying the appellant Martinez’s motion to vacate the default judgment entered against him as the guarantor of corporate debts. The issue of the corporations’ defaults and other issues of the corporations’ liability have not yet been decided. It appears from the record that another, related action involving the corporate debtors was proceeding in the bankruptcy court and led Martinez into the false belief that his interests were being protected in the unstayed state proceedings. See North Shore Hosp., Inc., v. Barber, 143 So. 2d 849 (Fla.1962); B.C. Builders Supply Co. v. Maldonado, 405 So. 2d 1345 (Fla. 3d DCA 1981).
On remand, we direct the court to reconsider its order compelling post-judgment discovery and denying Martinez’s motion for a protective order.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Appliance & Refrigeration Distribs., Inc. v. Fedders USA, Inc., 518 So. 2d 1384 (Fla. 3d DCA 1988)…nized that where a defendant believes, rightly or wrongly, that his rights are protected in a related action in a different forum and thus fails to answer, a default entered in that action should be set aside. Martinez v. Federal Deposit Ins. Corp., 503 So. 2d 401 (Fla. 3d DCA 1987) (defendant mistakenly believed that, due to a related action pending in bankruptcy court, his interests were protected in a state court proceeding); see American Republic Ins. Co. v. Westchester General Hosp., 414 So. 2d 1163 (Fla…
Authorities Cited
- N. Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla. 1962)
- B. C. Builders Supply Co., Inc. v. Maldonado, 405 So. 2d 1345 (Fla. 3d DCA 1981)