DARIK ALEXANDER
v.
CAPITAL ONE, N.A.
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To set aside a default final judgment, a party must prove by sworn evidence that its failure to comply with court orders resulted from excusable neglect, that it has meritorious defenses or claims, and that it acted with due diligence from learning of the default.
[1] A party seeking to set aside a default final judgment must establish by sworn evidence three elements: (1) excusable neglect for failure to comply with court orders, (2)…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“To have the trial court set aside the default final judgment, WPH had to prove by sworn evidence that (1) its failure to retain new counsel as ordered by the trial court was the result of excusable neglect, (2) its affirmative defenses and counterclaim established that it had meritorious defenses and claims warranting a trial on the merits, and (3) it acted with due diligence from the time when it learned of the default to the filing for relief.”
Court's statement of the legal standard for setting aside default judgments, citing Winter Park Hospital
Darik Alexander appealed a circuit court decision regarding a default judgment entered against him in an Orange County case. The appeal involved wheth…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-1129 Lower Tribunal No. 2023-CA-014550
DARIK ALEXANDER,
Appellant,
v.
CAPITAL ONE, N.A.,
Appellee.
Appeal from the Circuit Court for Orange County. Heather Pinder Rodriguez, Judge.
May 29, 2026
PER CURIAM.
AFFIRMED. See Winter Park Hosp., LLC v. On Target Staffing, LLC, 419 So. 3d 306, 311 (Fla. 6th DCA 2025) (“To have the trial court set aside the default final judgment, WPH had to prove by sworn evidence that (1) its failure to retain new counsel as ordered by the trial court was the result of excusable neglect, (2) its affirmative defenses and counterclaim established that it had meritorious defenses and claims warranting a trial on the merits, and (3) it acted with due diligence from the time when it learned of the default to the filing for relief." (emphasis added)).
TRAVER, C.J., and SMITH and MIZE, JJ., concur.
Darik Alexander, Windermere, pro se.
Michael Thiel Debski, of Debski & Associates, P.A., Jacksonville, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
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