Motion To Vacate Default Judgment

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

• Morgan v. Marshall
  78 Fla. 59· Fla.· 1919-07-01 ·cited 22×
  The court affirmed a lower court's denial of a motion to stay execution on a judgment. The defendants argued that a default judgment was improperly entered due to attorney illness, a settlement agreement was breached, and the judgment/execution forms were defective. The appellate
• Mourning v. Ballast Nedam Constr., Inc.
  964 So. 2d 889· Fla. 4th DCA· 2007-09-26 ·cited 21×
  The Fourth District Court of Appeal reversed a trial court's decision to vacate a default judgment against Ballast Nedam Construction, Inc. for unliquidated damages. The court held that service of a trial-setting order by the plaintiff's counsel, rather than by the court itself,
• Allstate Ins. Co. v. Ladner
  740 So. 2d 42· Fla. 1st DCA· 1999-03-30 ·cited 21×
  Allstate Insurance appealed the trial court's denial of its motion to vacate a clerk's default. The First District Court of Appeal reversed, holding that an unverified answer containing a general denial and affirmative defenses is sufficient to establish a meritorious defense for
• United States v. $55
  728 F.2d 192· 3d Cir.· 1984-02-21 ·cited 20×
  The district court abused its discretion in refusing to vacate a default judgment because the defendant satisfied the criteria for setting aside a default, including demonstrating a meritorious defense and lack of culpable conduct.
• Nardi v. Nardi
  390 So. 2d 438· Fla. 3d DCA· 1980-11-18 ·cited 20×
  The court held that the objection to the will's probate was timely because the letters of administration were issued prematurely, thus invalidating the shortened objection period.
• Edwin Raphael Co., Inc. v. Maharam Fabrics Corp.
  283 F.2d 310· 7th Cir.· 1960-11-01 ·cited 20×
  The court held that the order vacating default and quashing service was appealable and that the defendant did not have sufficient contacts with Illinois to be subject to its jurisdiction.
• Scariti v. Sabillon
  16 So. 3d 144· Fla. 4th DCA· 2009-05-06 ·cited 19×
  The court held that a geographic relocation restriction imposed by the trial court must be reversed because it was based on a misinterpretation of the applicable relocation statute, and that the trial court did not err in imputing income to the mother.
• Cedar Mountain Ests., LLC v. Loan ONE, LLC
  4 So. 3d 15· Fla. 5th DCA· 2009-01-23 ·cited 19×
  The trial court erred in denying the motion to amend the answer and in denying the motion to vacate the default judgment without a hearing.
• Gables Club Marina, LLC v. The Gables Condo. & Club Ass'n, Inc.
  948 So. 2d 21· Fla. 3d DCA· 2006-11-29 ·cited 19×
  Gables Club Marina appeals the trial court's vacatur of a default judgment it obtained against the Gables Condominium and Club Association. The court affirms, holding that the trial court did not abuse its discretion in vacating the default because the Condo Association demonstra
• Am. Republic Ins. Co. v. Westchester Gen. Hosp.
  414 So. 2d 1163· Fla. 3d DCA· 1982-06-08 ·cited 19×
  American Republic Insurance Company appealed the trial court's denial of its motion to vacate a default judgment entered against it without notice. The court reversed, holding that a plaintiff cannot obtain a default judgment without notice against a defendant who has appeared in
• Cardet v. Resolution Tr. Corp.
  563 So. 2d 167· Fla. 3d DCA· 1990-06-12 ·cited 18×
  Cardet appeals the entry of a default judgment against him in a cross-claim action. The court reversed, holding that once a defendant has appeared and actively defended the main claim, he is entitled to notice of all hearings on motions for default, including those on cross-claim
• Anilina Fabrique de Colorants v. Aakash Chems. & Dyestuffs, Inc.
  856 F.2d 873· 7th Cir.· 1988-08-31 ·cited 18×
  The district judge did not exceed her authority in granting a default judgment and refusing to set it aside, and the appellate court should not reverse such a decision.
• United States v. AN Undetermined Quantity OF AN Article OF Drug Labeled AS Benylin Cough Syrup
  583 F.2d 942· 7th Cir.· 1978-09-11 ·cited 18×
  The court held that the district court did not abuse its discretion in refusing to vacate the default judgment, as Parke, Davis's conduct was sufficiently culpable.
• Barnett Bank OF Clearwater, N.A. v. Folsom
  306 So. 2d 186· Fla. 2d DCA· 1975-01-15 ·cited 18×
  Barnett Bank sought to enforce a judgment against Chester E. Johnson obtained through substituted service on his wife. The court held that compliance with Florida's substituted service statute is effective even when the defendant never actually received notice, rejecting the argu
• Forston v. Atl. Eng'g & Mfg. Corp.
  143 So. 2d 364· Fla. 2d DCA· 1962-07-11 ·cited 18×
  Forston, a Texas manufacturer, was sued by Atlantic Engineering Corporation in Florida for the purchase price of a damaged heat pump. The court held that Forston had sufficient minimum contacts with Florida through a local agent to be subjected to jurisdiction via substituted ser
• Miami-Dade Cnty. v. Coral BAY Section C Homeowners Ass'n, Inc.
  979 So. 2d 318· Fla. 3d DCA· 2008-03-19 ·cited 17×
  Miami-Dade County appeals a trial court's denial of its motion to vacate a default judgment in a quiet title action brought by a homeowners association seeking to enforce a reversionary deed clause on property containing a salinity dam. The appellate court reversed, holding that
• Southeastern Termite AND Pest v. Aser Ones and Gladys Ones
  792 So. 2d 1266· Fla. 4th DCA· 2001-09-05 ·cited 17×
  The court held that where a defendant's affidavit, if true, would invalidate service and the court's jurisdiction, an evidentiary hearing is required.
• Goodwin v. Goodwin
  559 So. 2d 109· Fla. 2d DCA· 1990-04-04 ·cited 16×
  A wife challenged a default judgment in a Florida divorce proceeding, arguing the default should be vacated due to excusable neglect by her counsel and the existence of meritorious defenses. The court reversed, holding that the wife satisfied all three requirements for setting as
• Makes & Models Magazine, Inc. v. WEB Offset Printing Co., Inc.
  13 So. 3d 178· Fla. 2d DCA· 2009-06-17 ·cited 15×
  Makes & Models Magazine appealed the denial of its motion to vacate a clerk's default entered in a Pinellas County lawsuit filed by Web Offset Printing. The court reversed, holding that Web Offset was required to notify Makes & Models' known counsel before seeking default because
• Sperdute v. Household Realty Corp.
  585 So. 2d 1168· Fla. 4th DCA· 1991-09-18 ·cited 15×
  The Sperdutes appealed a trial court's denial of their motion to vacate a default foreclosure judgment, claiming they never received notice of the hearing. The court reversed, holding that the trial court erred by conducting an evidentiary hearing but refusing to allow the Sperdu
• Fredric J. Hodkin v. Ledbetter
  487 So. 2d 1214· Fla. 4th DCA· 1986-05-07 ·cited 15×
  Fredric Hodkin appealed from final judgments entered against him in two consolidated mortgage foreclosure actions. The court reversed both judgments, finding that a default was erroneously entered in one case when Hodkin had timely served responsive pleadings by mail, and that su
• Boatfloat, LLC v. Cent. Transp. Int'l, Inc.
  941 So. 2d 1271· Fla. 4th DCA· 2006-11-22 ·cited 14×
  BoatFloat appeals the trial court's denial of its motion to quash service of process and vacate a default judgment. The court reversed, holding that service of process on BoatFloat's registered agent by posting documents on his apartment door was legally insufficient because ther
• Contractors Unlimited, Inc. v. Nortrax Equip. Co. Se.
  833 So. 2d 286· Fla. 5th DCA· 2002-12-27 ·cited 14×
  Contractors Unlimited and Glennon Wade appealed from orders denying their motions to set aside clerk defaults and default final judgment. The court affirmed the default judgment against the corporation but reversed and remanded as to Wade because the complaint failed to attach an
• TPM Constructors, Inc. v. Twin Coast Title, Inc.
  425 So. 2d 580· Fla. 5th DCA· 1982-12-22 ·cited 14×
  TPM Constructors appeals the trial court's denial of its motion to vacate a default judgment entered in favor of Twin Coast Title for breach of contract. The Fifth District Court of Appeal reversed, finding the trial court's order was devoid of explanation and may have been based
• Clauro Enters., Inc. v. Aragon Galiano Holdings, LLC
  16 So. 3d 1009· Fla. 3d DCA· 2009-09-02 ·cited 13×
  Clauro Enterprises and Ricardo Rupcich appealed a default judgment entered against them for lack of proper service of process. The court affirmed as to Clauro but reversed as to Rupcich, finding that service via a private mailbox failed to comply with Florida's substitute service
• Bland v. Green Acres Grp., L.L.C.
  12 So. 3d 822· Fla. 4th DCA· 2009-05-27 ·cited 13×
  Julian Bland appealed the trial court's denial of his motion to compel arbitration in a breach of contract dispute with Green Acres Group, LLC. The Fourth District Court of Appeal affirmed, holding that Bland waived the arbitration clause through his pre- and post-suit conduct, i
• Roney Plaza Assocs., Ltd. v. Henry
  848 So. 2d 436· Fla. 3d DCA· 2003-07-02 ·cited 13×
• Nat'l Union Fire Ins. Co. of Pittsburgh, P.A. v. McWILLIAMS
  799 So. 2d 378· Fla. 4th DCA· 2001-11-14 ·cited 13×
  The trial court did not abuse its discretion in denying the Appellant's motion to vacate the clerk's default because the Appellant failed to establish excusable neglect and a meritorious defense.
• Quick & Reilly, Inc. v. Morton J. Perlin and Charlotte W. Perlin
  411 So. 2d 978· Fla. 3d DCA· 1982-03-30 ·cited 13×
  Quick & Reilly and its clearing corporation appealed from the denial of their motion to vacate a default judgment in a securities dispute. The Florida appellate court affirmed, holding that the defendants' motion to vacate was untimely and that an attorney representing himself ma
• Minda v. Minda
  190 So. 3d 1126· Fla. 2d DCA· 2016-04-29 ·cited 12×
  Nancy Minda appeals orders denying her motions to set aside a default judgment of dissolution entered against her in a Florida divorce proceeding. The court affirms the denial of her first motion as facially insufficient but reverses the denial of her second motion, holding it wa
• Clive Stuart-Findlay v. Bank OF Am.
  183 So. 3d 468· Fla. 4th DCA· 2016-01-20 ·cited 12×
  The borrower appealed a foreclosure judgment, arguing the trial court erred in denying motions to vacate a clerk's default that was improperly entered. The appellate court agreed, holding that under Florida Rule of Civil Procedure 1.500, once a party files any paper in an action,
• Sundarampillai Jeyanandarajan v. Freedman
  863 So. 2d 432· Fla. 4th DCA· 2003-12-31 ·cited 12×
  Appellant Jeyanandarajan appeals from a final judgment entered after the trial court denied his motion to vacate a default judgment. The appellate court reversed, holding that the appellant presented sufficient evidence of excusable neglect because his wife, who was served, faile
• York Commc'ns, Inc. v. The Furst Grp., Inc.
  724 So. 2d 678· Fla. 4th DCA· 1999-01-20 ·cited 12×
  York Communications appealed a default judgment, arguing that service of process was defective because the affidavit of service failed to establish compliance with Florida's strict service of process requirements for corporations. The court agreed and reversed, holding that an af
• Montero v. DuVAL Fed. Sav. & Loan Ass'n OF Jacksonville
  581 So. 2d 938· Fla. 4th DCA· 1991-06-12 ·cited 12×
  A party does not waive the right to contest service of process by joining a motion to quash service with a motion to vacate a default judgment.
• City OF Hollywood v. Cordasco
  575 So. 2d 301· Fla. 4th DCA· 1991-02-27 ·cited 12×
  The City of Hollywood appeals the trial court's denial of its motion to vacate a default judgment and its subsequent motion for rehearing. The appellate court reverses, holding that a trial court may allow a party to cure a defective motion to vacate through a subsequent motion f
• Zimmerman v. Weinberg
  557 So. 2d 193· Fla. 4th DCA· 1990-02-21 ·cited 12×
  Zimmerman appeals the trial court's denial of his motion to vacate a default judgment entered against him in a motorcycle accident lawsuit. The court affirmed, holding that Zimmerman's earlier filing of a motion to dismiss for failure to prosecute constituted a general appearance
• Permenter v. Feurtado
  541 So. 2d 1331· Fla. 3d DCA· 1989-04-18 ·cited 12×
  Eric Permenter, a Michigan resident, was sued by Florida residents over a car accident and received a default judgment after service of process failed. The appellate court reversed, holding that the plaintiffs failed to exercise adequate diligence in locating Permenter for proper
• Milanes v. Colonial Penn Ins. Co.
  507 So. 2d 777· Fla. 3d DCA· 1987-05-26 ·cited 12×
  The Third District Court of Appeal reversed a trial court's denial of a motion to vacate a default judgment, holding that service of process at the ex-wife's residence did not satisfy Florida's strict requirements for substituted service and that the trial court abused its discre
• Baker v. Stearns Bank, N.A.
  84 So. 3d 1122· Fla. 2d DCA· 2012-03-23 ·cited 11×
  Dennis Baker appeals the denial of his motion to quash service of process in a foreclosure action. The court reversed, holding that the bank failed to establish valid substituted service where the summons was left with a temporary houseguest rather than a person residing at Baker
• Becker v. RE/MAX Horizons Realty, Inc.
  819 So. 2d 887· Fla. 1st DCA· 2002-06-12 ·cited 11×
  Becker appeals a summary default judgment for a promissory note debt owed to Re/Max. The court affirmed that circuit court had subject matter jurisdiction because late fees added to the principal amount exceeded the $15,000 county court threshold, but reversed the default judgmen
• Steeprow Enters., Inc. v. Lennar Homes, Inc.
  590 So. 2d 21· Fla. 4th DCA· 1991-11-27 ·cited 11×
  Steeprow appeals the trial court's order granting Lennar's renewed motion to vacate a default judgment. The court reverses, holding that a trial court lacks jurisdiction to entertain a second motion for relief from judgment that attempts to relitigate matters already settled by a
• Belton Donald Chamberlin and Beth Morean v. Mid-Century Ins. Co.
  350 So. 2d 364· Fla. 2d DCA· 1977-10-05 ·cited 11×
  Chamberlin appeals from an order denying his motion to vacate a default judgment entered against him in an insurance coverage dispute. The appellate court affirms the trial court's denial, holding that the trial court did not abuse its discretion in refusing to vacate the default
• Minkoff v. Caterpillar Fin. Servs. Corp.
  103 So. 3d 1049· Fla. 4th DCA· 2013-01-09 ·cited 10×
  The court held that a defaulting party has a due process right to notice and an opportunity to be heard regarding unliquidated damages, including attorney's fees.
• Bank OF Am., N.A. v. Lane
  76 So. 3d 1007· Fla. 1st DCA· 2011-11-30 ·cited 10×
  Bank of America appealed a trial court order vacating a default judgment against the Lanes based on excusable neglect. The court reversed because the trial court acted sua sponte without the defendants making the required evidentiary showing of excusable neglect, a meritorious de
• Graves v. Giordano
  590 So. 2d 1113· Fla. 4th DCA· 1991-12-27 ·cited 10×
  The appellate court reversed a default judgment against the appellants, finding that their responsive pleadings were filed before the default was officially entered. The court emphasized that a party can defend at any time before a default is entered and that an order is not ente
• Nants v. Faria
  553 So. 2d 369· Fla. 5th DCA· 1989-12-07 ·cited 10×
  A defendant attorney appealed a default judgment entered against him despite having filed an answer before the default order was issued. The court reversed, holding that Florida law requires defaults to be set aside when a responsive pleading is filed before the default is render
• Glasfory Willoughby v. Seese Realty Inc.
  421 So. 2d 691· Fla. 4th DCA· 1982-11-03 ·cited 10×
  Willoughby sought certiorari to quash a circuit court order affirming a default judgment in a breach of contract suit. The court granted certiorari, finding that service of process was improper under Florida law, making the judgment void and requiring vacation of the default.
• Int'l Controls Corp. v. Vesco
  593 F.2d 166· 2d Cir.· 1979-01-24 ·cited 10×
  The court held that service of the summons and complaint on Vesco at his Bahamas residence was valid and conferred personal jurisdiction, and that Vesco was estopped from challenging this service due to prior litigation.
• Thomason v. Jernigan
  146 So. 2d 905· Fla. 1st DCA· 1962-11-27 ·cited 10×
  Appellant sought to foreclose a tax lien certificate and obtained a decree pro confesso against defendants for failing to answer. The defendants moved to vacate the decree, but the court found their grounds legally insufficient and reversed the trial court's order vacating the de
• Fla. Eurocars, Inc. v. T.J. Pecorak
  110 So. 3d 513· Fla. 4th DCA· 2013-04-03 ·cited 9×
  Florida Eurocars and its principal appealed a trial court's denial of their motion to vacate a default judgment entered against them. The Fourth District Court of Appeal reversed, holding that the defendants demonstrated sufficient due diligence in seeking relief from the default