1700 BAY DRIVE, LLC
v.
TONY NIGHTS GROUP, INC.
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The trial court did not abuse its discretion in its ruling on the motion to vacate the clerk's default and default final judgment.
[1] A clerk's default and default final judgment may be vacated when attorneys for both sides have discussed the defendant's representation by counsel and its intent to defen…
[2] A written communication informing a plaintiff of a defendant's intent to contest a claim is considered a 'paper' for the purpose of construing the right to enter a defaul…
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Join FLexlaw to unlock all legal intelligence1700 Bay Drive, LLC initiated an action against Tony Nights Group, Inc. in Miami-Dade County Circuit Court. A clerk's default and default final judgme…
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PER CURIAM.
Affirmed. See Ace Funding Source, LLC v. A1 Transp. Network, Inc., 314 So. 3d 726, 727 (Fla. 3d DCA 2021) (reversing denial of motion to vacate clerk’s default and default final judgment where prior to default “attorneys from both sides discussed defendant’s representation by counsel and its intent to defend.”); Contreras v. Stambul, LLC, 306 So. 3d 1143, 1145 (Fla. 3d DCA 2020) (reversing a denial of a motion to vacate a clerk’s default and explaining that “[f]or purposes of construing the right to enter a default under rule 1.500(a), the term ‘paper’ is construed liberally and includes any written communication that informs the plaintiff of the defendant's intent to contest the claim.”) (quoting Becker v. Re/Max Horizons Realty, Inc., 819 So. 2d 887, 890 (Fla. 1st DCA 2002)); Gables Club Marina, LLC v. Gables Condo. & Club Ass’n, Inc., 948 So. 2d 21, 24 (Fla. 3d DCA 2006) (“[A] reasonable misunderstanding between attorneys regarding settlement negotiations does constitute excusable neglect sufficient to vacate a default and that a trial court abuses its discretion by failing to vacate a default entered in such a case.”); Wofford v. Wofford, 20 So. 3d 470, 473 (Fla. 4th DCA 2009) (“A trial court’s ruling is presumed correct, and where no transcript is provided, the appellate court cannot determine whether the evidence supports the trial court’s rulings or the court misconceived the law.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wofford v. Wofford, 20 So. 3d 470 (Fla. 4th DCA 2009)
- Gables Club Marina, LLC v. The Gables Condo. & Club Ass'n, Inc., 948 So. 2d 21 (Fla. 3d DCA 2006)
- Becker v. RE/MAX Horizons Realty, Inc., 819 So. 2d 887 (Fla. 1st DCA 2002)
- Contreras v. Stambul, LLC, 306 So. 3d 1143 (Fla. 3d DCA 2020)
- Ace Funding Source, LLC v. A1 Transp. Network, Inc. (Fla. 3d DCA 2021)