Motion To Vacate Default Judgment

287 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• HAM v. Dunmire
  891 So. 2d 492· Fla.· 2004-12-23 ·cited 194×
  The Florida Supreme Court reversed a trial court's dismissal of a personal injury action based on discovery violations by plaintiff's counsel, holding that while attorney misconduct can justify dismissal even without client involvement, dismissal must be a reasonable response to
• Morton L. Ginsberg & MLG Props., Inc. v. Lennar Fla. Holdings
  645 So. 2d 490· Fla. 3d DCA· 1994-10-05 ·cited 136×
  Ginsberg challenged a default judgment entered against him by Lennar, a mortgage holder, in a suit alleging conversion, waste, civil theft, and RICO violations. The court reversed the default judgment, holding that Lennar's amended complaint failed to state a cause of action beca
• Terrie G. Viets v. Am. Recruiters Enters., Inc.
  922 So. 2d 1090· Fla. 4th DCA· 2006-03-22 ·cited 101×
  Plaintiff Terrie Viets appealed the denial of her motion to vacate a default judgment and attorney's fees award entered against her after she failed to comply with administrative orders and appear at a case management conference. The Fourth District Court of Appeal reversed, find
• Abrams v. Paul
  453 So. 2d 826· Fla. 1st DCA· 1984-06-12 ·cited 79×
  This appeal involves a default judgment and jury verdict in a suit arising from the sale of a stolen truck. The court affirmed the default and damages verdict on most points but reversed and remanded regarding whether defendants received timely notice of trial, holding that the t
• Knabb v. Reconstr. Fin. Corp.
  144 Fla. 110· Fla.· 1940-07-30 ·cited 74×
  Knabb appealed a judgment on three promissory notes sold by the Reconstruction Finance Corporation, arguing the contract's true consideration was a land purchase agreement, not merely the notes themselves. The Florida Supreme Court affirmed, holding that the written correspondenc
• Kit C. Edwards v. City OF Fort Walton Beach
  271 So. 2d 136· Fla.· 1972-12-20 ·cited 66×
  The Florida Supreme Court resolved a conflict between District Court decisions regarding whether an insurance company's negligence in defending a case constitutes excusable neglect under Rule 1.540(b). The court held that while misplaced reliance on an insurance company is not au
• Maounis v. Igor Shamis
  Fla. 3d DCA· 2023-08-02 ·cited 64×
  The trial court did not abuse its discretion in denying the motion to quash service and enforcing the liquidated damages provision.
• Reicheinbach v. Se. Bank, N.A.
  462 So. 2d 611· Fla. 3d DCA· 1985-01-29 ·cited 62×
  Reichenbach appealed the trial court's denial of his motion to vacate a default judgment in a mortgage foreclosure proceeding. The court reversed, holding that a letter from his attorney to the bank's attorney confirming a thirty-day extension constituted a "paper served" under F
• Inryco, Inc. v. Metro. Eng'g Co., Inc.
  708 F.2d 1225· 7th Cir.· 1983-05-23 ·cited 62×
  The court held that the defendants' conduct, including their counsel's repeated failures to appear, respond to discovery, and comply with court orders, constituted inexcusable neglect, and thus the district court did not abuse its discretion in denying the motion to vacate the de
• Doctor's Hosp. OF Hollywood, Inc. v. Hunter W. Madison
  411 So. 2d 190· Fla.· 1982-03-04 ·cited 62×
  The Florida Supreme Court resolved a conflict between district courts on whether an order denying a motion to vacate a default judgment is appealable. The Court held that such orders are appealable under Rule 9.130(a)(3)(C)(iv) because they determine the issue of liability, and r
• Gonzalez v. Totalbank
  472 So. 2d 861· Fla. 3d DCA· 1985-07-16 ·cited 60×
  Olga Gonzalez challenged a default judgment entered against her by Totalbank for breach of a personal guarantee. The court reversed the trial court's denial of her motion to vacate, finding the service of process was defective and that an attorney's appearance on her behalf witho
• Cnty. Nat'l Bank OF N. Miami Beach v. Sheridan, Inc.
  403 So. 2d 502· Fla. 4th DCA· 1981-08-26 ·cited 56×
  County National Bank appeals the denial of its motion to vacate a default judgment entered in a garnishment proceeding. The court holds that the bank demonstrated excusable neglect, a meritorious defense, and due diligence, and therefore the default should be set aside under Flor
• Metcalf v. Langston
  296 So. 2d 81· Fla. 1st DCA· 1974-06-18 ·cited 53×
  Southern Farm Bureau Casualty Insurance Company appealed the trial court's denial of its motion to vacate a default judgment. The appellate court affirmed, holding that while the factual allegations of excusable neglect and meritorious defense might have warranted setting aside t
• Travelers Ins. Co. v. Daisey Q. Bryson and Salvatore DeLuca
  341 So. 2d 1013· Fla. 4th DCA· 1977-01-07 ·cited 48×
  Travelers Insurance Company appeals the denial of its motion to vacate a default judgment entered when its counsel failed to appear at a hearing, despite filing an answer on the same day. The court reversed, holding that counsel's failure to calendar the hearing date constituted
• Gibraltar Serv. Corp. v. Lone & Assocs., Inc.
  488 So. 2d 582· Fla. 4th DCA· 1986-04-30 ·cited 47×
  Gibraltar Service Corporation and Gibraltar Financial Corporation appeal the denial of their motion to vacate a default judgment entered against them. The court reversed, holding that the default was improperly entered because defendants' responsive pleadings were mailed on the s
• Baptist Hosp. OF Miami, Inc. v. Demario
  661 So. 2d 319· Fla. 3d DCA· 1995-09-06 ·cited 46×
  A class cannot be certified based solely on a default; however, a default may stand against an individual claim if excusable neglect is not shown.
• Consol. Aluminum Corp. v. Weinroth
  422 So. 2d 330· Fla. 5th DCA· 1982-10-20 ·cited 40×
  Consolidated Aluminum Corporation appealed the trial court's denial of its motion to vacate a default judgment. The appellate court affirmed, holding that the appellant waived its challenge to personal jurisdiction by failing to raise it in its first pleading, and that the trial
• WM Specialty Mortg., LLC v. Salomon
  874 So. 2d 680· Fla. 4th DCA· 2004-05-26 ·cited 39×
  WM Specialty Mortgage appealed a trial court order dismissing its mortgage foreclosure complaint with prejudice and vacating the default entered against the borrower Salomon. The court affirmed the vacation of default but reversed the dismissal, holding that the timing discrepanc
• Bayview Tower Condo. Ass'n, Inc. v. Schweizer
  475 So. 2d 982· Fla. 3d DCA· 1985-09-17 ·cited 38×
  The court held that the trial court did not abuse its discretion in denying the motion to vacate a clerk's default.
• Leibman v. Sportatorium, Inc.
  374 So. 2d 1124· Fla. 4th DCA· 1979-09-12 ·cited 37×
  The court held that Florida Rule of Appellate Procedure 9.130 does not provide for an interlocutory appeal from an order vacating a clerk's default.
• Barnett v. Barnett
  718 So. 2d 302· Fla. 2d DCA· 1998-09-11 ·cited 36×
  Susan Barnett appealed two post-judgment orders in her divorce case from Larry Barnett. The court affirmed the denial of her motion to disqualify the trial judge as untimely, but reversed the judge's order vacating a default judgment entered against Larry Barnett as a sanction fo
• Lazcar Int'l, Inc. v. Caraballo
  957 So. 2d 1191· Fla. 3d DCA· 2007-03-21 ·cited 35×
  Lazcar International appealed a trial court order vacating a default judgment against Caraballo. The court reversed, holding that Caraballo failed to demonstrate due diligence in seeking relief from the default, as he waited six weeks after learning of the judgment and relied on
• Davis v. Musler
  713 F.2d 907· 2d Cir.· 1983-07-18 ·cited 35×
  The court held that a default judgment awarding unliquidated damages, attorneys' fees, and punitive damages without a hearing was improper and must be vacated.
• Carter v. Whitman
  516 So. 2d 83· Fla. 3d DCA· 1987-12-08 ·cited 34×
  The appellate court reversed an order denying a motion to vacate a default judgment. The court found that the corporate defendant's failure to timely respond to a complaint was due to excusable neglect, as the complaint was lost in transit and on the general counsel's desk. The c
• BAY Prods. Corp. v. Winters
  341 So. 2d 240· Fla. 3d DCA· 1976-12-23 ·cited 34×
  The appellate court affirmed the denial of a motion to vacate a default judgment, finding service valid, but reversed a partial final judgment due to insufficient well-pleaded facts to support the relief granted.
• Laraine Rose Doane v. Doane
  279 So. 2d 46· Fla. 4th DCA· 1973-06-08 ·cited 34×
  In this dissolution of marriage case, the Florida District Court of Appeal affirmed the trial court's denial of the wife's motion to vacate a default judgment but remanded for reconsideration of child support and custody awards, holding that inadequate evidence regarding the chil
• Mullne v. Sea-Tech Constr., Inc.
  84 So. 3d 1247· Fla. 4th DCA· 2012-04-18 ·cited 33×
  The court held that a default judgment imposing personal liability on a non-contracting spouse for breach of contract, when the complaint only sought foreclosure of a construction lien against their property interest, is void and must be vacated.
• Kiaer v. Friendship, Inc.
  376 So. 2d 919· Fla. 3d DCA· 1979-11-13 ·cited 32×
  A yacht seller was defaulted in a breach of warranty action after failing to appear at trial, despite having filed a responsive pleading and appearing at prior hearings. The appellate court reversed, holding that the default judgment was improper because no notice of application
• Livingston S. Hiern v. ST. Paul-Mercury Indem. Co.
  262 F.2d 526· 5th Cir.· 1959-01-13 ·cited 32×
  The court held that alleged misrepresentations inducing a settlement contract raise genuine issues of material fact, precluding summary judgment.
• Szucs v. Qualico Dev., Inc.
  893 So. 2d 708· Fla. 2d DCA· 2005-02-23 ·cited 31×
  Joe Szucs appeals a default judgment for damages in a shareholder dispute with Qualico Development, Inc. The court affirmed the denial of his motion to vacate the default but reversed the damages award, holding that unliquidated damages require a trial rather than summary judgmen
• Strauser v. Strauser
  303 So. 2d 663· Fla. 4th DCA· 1974-11-22 ·cited 30×
  The Florida appellate court reversed a contempt of court order against a husband for failure to pay child support and alimony, holding that the trial court lacked authority to proceed with contempt proceedings after the husband perfected an interlocutory appeal challenging the co
• Winfield Assocs., Inc. v. Stonecipher
  429 F.2d 1087· 10th Cir.· 1970-07-14 ·cited 30×
  The court affirmed the denial of equitable relief from a default judgment, finding the appellant's situation resulted from inexcusable neglect and failure to pursue available legal remedies like appeal.
• J.A.R., Inc. v. Universal Am. Realty Corp.
  485 So. 2d 467· Fla. 3d DCA· 1986-03-11 ·cited 29×
  In a landlord-tenant dispute, the trial court entered a default judgment against defendants J.A.R., Inc. and Clarence E. Reynolds without proper notice despite defendants having served a timely letter asserting defenses. The appellate court reversed, holding that the defendants'
• Alls v. 7-Eleven Food Stores, Inc.
  366 So. 2d 484· Fla. 3d DCA· 1979-01-16 ·cited 28×
  A minor plaintiff sued 7-Eleven and Crystal Springs Water Company for injuries from a broken glass bottle at a 7-Eleven store. After 7-Eleven defaulted and a default judgment was entered, Crystal Springs obtained summary judgment on a common liability defense. The court affirmed
• In re Brendan Reilly Assocs., Inc.
  372 F.2d 235· 2d Cir.· 1967-01-30 ·cited 28×
  The appeal is dismissed because an order denying reargument is not appealable, and even if it were, the underlying default order was not subject to review due to procedural waivers and lack of grounds to vacate.
• Kapetanopoulos v. Herbert
  449 So. 2d 947· Fla. 2d DCA· 1984-05-04 ·cited 27×
  Appellants were defaulted for failing to file responsive pleadings in a personal injury action, and a judgment was entered against them. The court reversed, finding that appellants established both excusable neglect and a meritorious defense, as they reasonably relied on represen
• Elliott v. Aurora Loan Servs., LLC
  31 So. 3d 304· Fla. 4th DCA· 2010-04-07 ·cited 26×
  The Elliotts appealed a foreclosure judgment entered after their default was not vacated. The court reversed, finding the trial court abused its discretion in denying the motion to vacate default because the Elliotts demonstrated excusable neglect, a meritorious defense, and due
• Johnson v. State
  973 So. 2d 1236· Fla. 1st DCA· 2008-01-24 ·cited 26×
  Timothy Johnson appealed the denial of his motion to vacate a 1994 default paternity judgment, claiming he was never served with process and had no knowledge of the action. The Florida District Court of Appeal reversed and remanded, holding that a judgment entered without proper
• Allstate Floridian Ins. Co. v. Ronco Inventions, LLC
  890 So. 2d 300· Fla. 2d DCA· 2004-12-03 ·cited 26×
  Allstate appealed a trial court order setting aside a default judgment against Ronco Inventions and Popeil Inventions, manufacturers of a defective Showtime Rotisserie allegedly causing a fire loss. The appellate court reversed, finding that while the defendants demonstrated excu
• Emmer v. Brucato
  813 So. 2d 264· Fla. 5th DCA· 2002-04-12 ·cited 26×
  The court held that the trial court did not abuse its discretion in denying the motion to vacate the default judgment, as the appellant failed to meet the required legal standards.
• Richardson v. Watson
  611 So. 2d 1254· Fla. 2d DCA· 1992-08-19 ·cited 26×
  Richardson appealed from nonfinal orders granting a motion to compel discovery and denying a motion to vacate a clerk's default. The court dismissed the appeal as untimely, holding that motions for reconsideration of nonfinal orders do not toll the thirty-day deadline for filing
• Scott v. Premium Dev., Inc.
  328 So. 2d 557· Fla. 1st DCA· 1976-03-23 ·cited 26×
  The court held that the trial court did not abuse its discretion in refusing to set aside the default and consequent judgment canceling the mechanics lien, as the appellant failed to demonstrate a meritorious defense.
• Int'l Energy Corp. v. Darrel Hackett and Ralph Dwake
  687 So. 2d 941· Fla. 3d DCA· 1997-02-12 ·cited 25×
  A default final judgment entered without prior notice to a party who has appeared in the action is erroneous and must be set aside.
• Paleias v. Wang
  632 So. 2d 1132· Fla. 4th DCA· 1994-03-09 ·cited 25×
  The court addressed whether personal service on a nonresident defendant outside Florida requires an allegation of nonresidency in the complaint when the defendant committed a tortious act in Florida. The court held that under Florida's long arm statute §48.193, an allegation of n
• Okeechobee Ins. Agency, Inc. v. Barnett Bank OF Palm Beach Cnty.
  434 So. 2d 334· Fla. 4th DCA· 1983-06-15 ·cited 24×
  Okeechobee Insurance Agency appeals the trial court's denial of its motion to vacate a default judgment entered on a counterclaim by Barnett Bank. The court reversed, holding that Rule 1.500(b) requires both notice and a hearing before entering a default against a party who has a
• Cinkat Transp., Inc. v. Md. Cas. Co.
  596 So. 2d 746· Fla. 3d DCA· 1992-03-31 ·cited 23×
  Cinkat Transportation appealed the denial of its motion to vacate a default final judgment. The Third District Court of Appeal reversed, holding that Cinkat satisfied all three requirements for vacating a default judgment and that the trial court abused its discretion in denying
• R.H. v. Dep't of Child. & Fam. Servs.
  860 So. 2d 986· Fla. 3d DCA· 2003-10-15 ·cited 22×
  A father appeals the denial of his motion to vacate a default judgment that resulted in termination of his parental rights. The court reversed, holding that the trial court abused its discretion in finding no excusable neglect and applied the wrong legal standard, and fundamental
• Elena Laura Pessino Gomez Del Campo Bacardi v. Elena Gomez Del Campo Bacardi De Lindzon
  728 So. 2d 309· Fla. 3d DCA· 1999-02-24 ·cited 22×
  Elena Laura Pessino Gomez Del Campo Bacardi appeals a trial court's dismissal of her complaint on forum non conveniens grounds. The appellate court affirmed dismissal of most claims involving foreign trusts to alternative jurisdictions (Cayman Islands and Liechtenstein) but rever
• S.B. P'rs v. Holmes
  479 So. 2d 280· Fla. 2d DCA· 1985-12-06 ·cited 22×
  S.B. Partners appeals the trial court's denial of its motion to vacate a default judgment entered after it failed to respond to a personal injury complaint. The court reversed the denial of the motion to vacate, finding excusable neglect and meritorious defenses, but affirmed the
• Atlas van Lines, Inc. v. Rossmoore
  271 So. 2d 31· Fla. 2d DCA· 1972-12-13 ·cited 22×
  Atlas Van Lines appealed the denial of its motion to vacate a default judgment, arguing that the plaintiff failed to comply with statutory notice requirements for substituted service on a foreign corporation under Florida's long-arm statute. The court held that strict compliance