IVETT DEL SOCARRO HEREDIA
v.
SURF CONSULTANTS, III LLC, A/S/O UNITED TRANZACTIONS, LLC

Fla. 4th DCA | 2024-11-20
No. 2024-2136
Klingensmith, C.J., Warner, J., May, J., Di Pietro, J.
2024 FL 13244 Florida District Court of Appeal, Fourth District (2024)

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Holding

A defendant may not ignore legal process, sit idle while a default judgment is entered, and then successfully move to set aside the judgment more than a year after it is rendered.


Headnotes

[1] A defendant who ignores legal process and allows a default judgment to be entered against them cannot successfully move to set aside that judgment more than one year afte…

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Key Quotes

“A defendant may not simply ignore the process, sit idly by, let default be entered against [her], and then successfully move to set aside the judgment more than a year after it is rendered.”

Court's citation to Kathleen G. Kozinski, P.A. v. Phillips, 126 So. 3d 1264, 1268 (Fla 4th DCA 2013)

Facts & Procedural History

Ivett Del Socarro Heredia appealed a non-final order from the County Court for Broward County regarding a case against Surf Consultants, III LLC, a/s/…

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Opinion of the Court
Klingensmith

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

IVETT DEL SOCARRO HEREDIA, Appellant,

v.

SURF CONSULTANTS, III LLC, a/s/o UNITED TRANZACTIONS, LLC, Appellee.

No. 4D2024-2136

[November 20, 2024]

Appeal of a non-final order from the County Court for the Seventeenth Judicial Circuit, Broward County; Nina W. Di Pietro, Judge; L.T. Case No.

COCE22-055950.

Jerome A. Pivnik of the Pivnik Law Firm, Miami, for appellant.

Ryan E. Sprechman of Sprechman & Fisher, P.A., Miami, for appellee.

PER CURIAM.

Affirmed. See Kathleen G. Kozinski, P.A. v. Phillips, 126 So. 3d 1264, 1268 (Fla 4th DCA 2013) (“[A] defendant may not simply ignore the process, sit idly by, let default be entered against [her], and then successfully move to set aside the judgment more than a year after it is rendered.”) (citation and internal quotation marks omitted).

KLINGENSMITH, C.J., WARNER and MAY, JJ., concur.

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