JOLLY TROLLEY CONSTRUCTION, LLC, ETC.
v.
CONCEPCION GALANO

Fla. 3d DCA | 2026-05-13
No. 2025-2051
Sanchez, J., Lindsey, J., Gordo, J., Lobree, J.
2026 FL 5615 Florida District Court of Appeal, Third District (2026) Positive Treatment
Cited by 3 cases

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Holding

An order granting a motion to vacate a default final judgment is reviewed for gross abuse of discretion and will be affirmed absent such abuse.


Headnotes

[1] An order granting a motion to vacate a default final judgment is reviewed under the gross abuse of discretion standard.

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Key Quotes

“An order granting a motion to vacate a default final judgment is reviewed for a gross abuse of discretion.”

Standard of review cited from Rodriguez v. Falcones, 314 So. 3d 469, 471 (Fla. 3d DCA 2020)

Facts & Procedural History

Jolly Trolley Construction, LLC appealed a non-final order from the Circuit Court for Miami-Dade County. The trial court granted Concepcion Galano's m…

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Opinion of the Court

Third District Court of Appeal

State of Florida

Opinion filed May 13, 2026.

Not final until disposition of timely filed motion for rehearing.

No. 3D25-2051 Lower Tribunal No. 24-22534-CA-01

Jolly Trolley Construction, LLC, etc., Appellant,

VS.

Concepcion Galano, Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Beatrice Butchko Sanchez, Judge.

Donald J. Schutz, (St. Petersburg), for appellant.

Dennis A. Donet, P.A., and Dennis A. Donet, for appellee.

Before LINDSEY, GORDO and LOBREE, JJ.

PER CURIAM.

Affirmed. See Rodriguez v. Falcones, 314 So. 3d 469, 471 (Fla. 3d

DCA 2020) (“An order granting a motion to vacate a default final judgment is reviewed for a gross abuse of discretion."); Sterling Drug, Inc. v. Wright, 342 So. 2d 503, 505 (Fla. 1977) (same).


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