CITIZENS PROPERTY INSURANCE CORPORATION
v.
MARTHA PROL
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A party seeking to vacate a default judgment must provide sworn evidence of exceptional circumstances to demonstrate due diligence, and absent such competent substantial evidence, the party fails to show due diligence as a matter of law.
[1] Evidence supporting a claim of due diligence in moving to vacate a default judgment must be sworn, and absent competent substantial evidence of exceptional circumstances…
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Join FLexlaw to unlock all legal intelligence“evidence supporting due diligence 'must be sworn' and explaining that '[a]bsent competent substantial evidence of some exceptional circumstance explaining the delay' a party does not show due diligence as a matter of law where a sworn motion to vacate was filed six weeks after discovery of the default”
Citation to Lazcar Int'l, Inc. v. Caraballo establishing the evidentiary standard for demonstrating due diligence
Citizens Property Insurance Corporation appealed a trial court decision regarding a default judgment in a case against Martha Prol. The appellant soug…
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Third District Court of Appeal State of Florida Opinion filed August 28, 2024. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D23-0158 Lower Tribunal No. 21-15785 ________________ Citizens Property Insurance Corporation, Appellant, vs. Martha Prol, Appellee. An Appeal from the Circuit Court for Miami-Dade County, David C. Miller, Judge. Link & Rockenbach, P.A., and Kara Rockenbach Link and Daniel M. Schwarz (West Palm Beach); Williams Leininger & Cosby, P.A., and James O. Williams and Morgan T. Gieser (North Palm Beach), for appellant. The Law Firm of Arianna M. Mendez, PLLC, and Arianna M. Mendez; Cooke Carbonell LLP, and Jorge L. Carbonell, for appellee. Before LOGUE, C.J., and EMAS and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See Lazcar Int’l, Inc. v. Caraballo, 957 So. 2d 1191, 1192– 93 (Fla. 3d DCA 2007) (noting that evidence supporting due diligence “must be sworn” and explaining that “[a]bsent competent substantial evidence of some exceptional circumstance explaining the delay” a party does not show due diligence as a matter of law where a sworn motion to vacate was filed six weeks after discovery of the default); see also Elliott v. Aurora Loan Servs., LLC, 31 So. 3d 304, 306 (Fla. 4th DCA 2010) (setting forth abuse of discretion standard).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Lazcar Int'l, Inc. v. Caraballo, 957 So. 2d 1191 (Fla. 3d DCA 2007)
- Addison v. City OF Tampa, 31 So. 3d 304 (Fla. 2d DCA 2010)