WINN DIXIE STORES, INC., APPELLANT,
v.
ALICE DANIELSEN, APPELLEE
WINN DIXIE STORES, INC., APPELLANT,
ALICE DANIELSEN, APPELLEE
544 So. 2d 320
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
This is an appeal of a non-final order denying a motion for rehearing and denying a motion to vacate a default. We reverse.
The defendant/appellant, Winn Dixie, established by affidavits that the default was due to secretarial error constituting excusable neglect; that meritorious defenses exist as set forth in the answer to the complaint; and that Winn Dixie showed due diligence in seeking relief on the same day the default was discovered. Therefore the trial court’s refusal to set aside the default constituted an abuse of discretion. Broward County v. Perdue, 432 So. 2d 742 (Fla. 4th DCA 1983).
REVERSED AND REMANDED for further proceedings consistent herewith.
HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Preferred Mut. Ins. Co. v. Davis, 629 So. 2d 259 (Fla. 4th DCA 1993)…f death was filed, did not preclude cause from proceeding on the merits, where there was "secretarial error, reasonable misunderstanding, a system gone awry or any other of the foibles to which human nature is heir”); Winn Dixie Stores v. Danielsen, 544 So. 2d 320 (Fla. 4th DCA 1989) (failure to file answer due to secretarial error was excused, given that there was "due diligence in seeking relief on the same day default was discovered”). . Although appellant’s motion sought relief under rule 1.540, it was f…
Authorities Cited
- Broward Cnty. v. Perdue, 432 So. 2d 742 (Fla. 4th DCA 1983)