Motion To Vacate Default Judgment

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

• Goodman v. Joffe
  57 So. 3d 1001· Fla. 4th DCA· 2011-04-13 ·cited 9×
  Rose Marie Goodman appealed an order denying her motion to vacate a default final judgment in a trust dispute. The court held that a trial court must rule on a pending motion to vacate a default before entering a default final judgment, and therefore reversed and remanded the cas
• Amabile A. Causin v. Leal
  881 So. 2d 20· Fla. 4th DCA· 2004-07-14 ·cited 9×
  The appellate court affirmed the trial court's exercise of subject matter jurisdiction in a child custody dispute but reversed the custody award based on a default judgment.
• Castro v. The Charter Club, Inc.
  114 So. 3d 1055· Fla. 3d DCA· 2013-06-05 ·cited 8×
  The Castro family challenged a foreclosure judgment entered against them on a condominium mortgage, arguing that the service of process was defective. The Third District Court of Appeal reversed the trial court's denial of their motion to vacate, holding that the association fail
• Latin Am. Cafeteria, Inc. v. Zales Meats Distribs., Inc.
  921 So. 2d 768· Fla. 3d DCA· 2006-02-22 ·cited 8×
  Latin American Cafeteria appeals the denial of a motion to stay execution of a default judgment and an award of sanctions. The court affirms the default judgment on damages but reverses the attorney's fees award because it was entered without a hearing, and reverses the sanctions
• Am. Network Transp. Mgmt., Inc. v. A Super-Limo Co., Inc.
  857 So. 2d 313· Fla. 2d DCA· 2003-10-10 ·cited 8×
  ANTM failed to timely file an answer to a complaint, resulting in a default judgment against it. The court reversed the trial court's denial of ANTM's motion to vacate the judgment under Florida Rule of Civil Procedure 1.540(b), finding that ANTM established excusable neglect due
• Inter-Atlantic Ins. Servs., Inc. v. Hernandez
  632 So. 2d 1069· Fla. 3d DCA· 1994-02-15 ·cited 8×
  Inter-Atlantic Insurance Services appeals a trial court's denial of its motion to vacate a default judgment entered against it in an insurance coverage dispute. The court affirmed, holding that Inter-Atlantic failed to demonstrate excusable neglect required to set aside the defau
• Elec. Eng'g Co., Inc. v. Gen. Elec. Canada, Inc.
  610 So. 2d 51· Fla. 3d DCA· 1992-12-08 ·cited 8×
  Electric Engineering Company appeals the trial court's denial of its motion to vacate a clerk's default. The court reverses, finding excusable neglect where the defendant's registered agent misdirected the complaint to an office the defendant had moved from, combined with the def
• Trupin v. Wallquist
  605 So. 2d 1295· Fla. 4th DCA· 1992-10-07 ·cited 8×
  Trupin appeals the trial court's denial of his motion to vacate a default final judgment entered in an investment securities dispute. The court affirmed the denial, finding no abuse of discretion in the trial judge's decision to credit the opposing party's version of events regar
• Zuelzke Tool & Eng'g Co., Inc. v. Anderson DIE Castings, Inc.
  925 F.2d 226· 7th Cir.· 1991-02-22 ·cited 8×
  The court held that a party's reliance on another entity to handle litigation, without making a formal appearance in court, does not constitute excusable neglect or an appearance requiring notice under the Federal Rules of Civil Procedure.
• State Airlines, Inc. v. Menut
  511 So. 2d 421· Fla. 4th DCA· 1987-08-12 ·cited 8×
  State Airlines, through its bankruptcy trustee, appealed a default judgment in a personal injury lawsuit, arguing the default was obtained through fraud and collusion. The Fourth District Court of Appeal dismissed the appeal, holding that the trustee lacked standing to challenge
• C.E. Peters Landclearing, Inc. v. Gossington
  487 So. 2d 319· Fla. 4th DCA· 1986-03-05 ·cited 8×
  C.E. Peters Landclearing appealed a trial court order denying its motion to vacate a default judgment. The Fourth District Court of Appeal affirmed, holding that the insurance claims examiner's affidavit failed to adequately establish excusable neglect because it contained only l
• Miami Commonwealth Realty Corp. v. Rinehart Volkswagen, Inc.
  387 So. 2d 530· Fla. 3d DCA· 1980-09-09 ·cited 8×
  Florida appellate court reversed denial of motion to set aside default judgment, finding the defendant demonstrated both a meritorious defense and excusable neglect for failure to respond.
• E. Koex Co., Ltd. v. Bonanza Imp. & Exp., Inc.
  360 So. 2d 153· Fla. 3d DCA· 1978-07-05 ·cited 8×
  Eastern Koex Company appealed a judgment entered against it on a counterclaim for breach of contract after default and non-jury trial on damages. The court held that despite the default, the defendant's prior demand for jury trial on unliquidated damages was preserved and could n
• Synthetic Env't Dev. Corp. v. Sussman
  275 So. 2d 291· Fla. 3d DCA· 1973-03-13 ·cited 8×
  Synthetic Environmental Development Corp. and its president Robert Procup appealed from an order denying their motion to vacate a default judgment entered against them for failure to appear at a court-ordered deposition. The court affirmed the denial, holding that the defendants
• AL Wilson's Power-Ful Displays, Inc. v. Morgan Adhesive, Inc.
  259 So. 2d 166· Fla. 3d DCA· 1972-03-07 ·cited 8×
  Al Wilson's Power-Ful Displays appealed a default judgment entered by the trial court in favor of Morgan Adhesive, Inc. on a promissory note. The court affirmed, holding that a foreign corporation may sue on a note executed in Florida without qualifying to do business there, and
• Gedalya Blatter v. D.N. Suyte Inc.
  Fla. 4th DCA· 2023-05-03 ·cited 7×
  A trial court must issue a specific ruling on a defendant's pending motion to vacate a default before entering a final default judgment, and failure to do so is reversible error as a matter of law.
• Quest Diagnostics, Inc. v. Cheri Haynie
  320 So. 3d 171· Fla. 4th DCA· 2021-04-28 ·cited 7×
  A defendant seeking to vacate a default must demonstrate excusable neglect, a meritorious defense, and due diligence in seeking relief; where all three elements are established, Florida's strong policy favoring resolution on the merits requires vacation of the default.
• Carpenter v. Benson
  478 So. 2d 353· Fla. 5th DCA· 1985-09-12 ·cited 7×
  Carpenter obtained a judgment against Benson and garnished All County Disposal Corporation for the full judgment amount. When All County failed to timely answer the garnishment writ, Carpenter obtained a default judgment. All County moved to vacate the default, and the trial cour
• Williams v. Skylink Jets, Inc.
  229 So. 3d 1275· Fla. 4th DCA· 2017-11-15 ·cited 6×
  Adrian Williams, a pilot hired by Skylink Jets, was terminated and sued for breach of a Pilot Training Expense Agreement requiring reimbursement of training costs. After Williams defaulted and failed to respond to discovery, the trial court entered a default final judgment awardi
• Archana Singh and Dennis Massey v. Dev T. Kumar
  234 So. 3d 1· Fla. 4th DCA· 2017-10-11 ·cited 6×
  Singh and Massey appeal a default final judgment entered against them in a loan dispute. The Fourth District reversed, holding that the trial court erred by entering the default judgment without ruling on pending motions to set aside the default, by issuing it as a sanction witho
• Ramana Chigurupati and Durgasguthi Chigurupati v. Progressive Am. Ins. Co.
  132 So. 3d 263· Fla. 4th DCA· 2013-12-11 ·cited 6×
  Progressive Insurance filed a subrogation suit against Ohio residents Ramana and Durgasguthi Chigurupati for damages from an auto accident. The court denied their motion to quash service and vacate a clerk's default, but the Fourth District reversed the default portion because th
• Household Fin. Corp., III v. Mitchell
  51 So. 3d 1238· Fla. 1st DCA· 2011-01-19 ·cited 6×
  Household Finance Corporation appeals the trial court's denial of its motion to vacate a default judgment in a mortgage foreclosure case. The appellate court reversed, holding that HFC established excusable neglect, due diligence, and at least one meritorious defense (estoppel/ma
• Fusilier v. Markov
  676 So. 2d 1053· Fla. 3d DCA· 1996-07-10 ·cited 6×
  A first amended complaint served without leave of court or consent of the parties is a nullity to which no responsive pleading is due.
• Latin Am. Prop. & Cas. Ins. Co. v. Italian Palace, Inc.
  596 So. 2d 1174· Fla. 4th DCA· 1992-04-01 ·cited 6×
  Latin American Insurance appealed orders denying its motions to vacate an ex parte clerk's default in a 103-page amended complaint. The court affirmed the denial of the initial motion but reversed the denial of an amended motion to vacate, holding that secretarial error constitut
• Conidaris v. Credit Alliance Corp.
  558 So. 2d 523· Fla. 5th DCA· 1990-03-22 ·cited 6×
  Robert Conidaris appealed a $90,164 default judgment entered against him in a guaranty dispute. The court reversed, holding that Conidaris established excusable neglect and a meritorious defense (forgery) and that the trial court erred in refusing to set aside the default and all
• Trans-World Realty Corporation-Plantation v. Realty World Corp.
  507 So. 2d 1201· Fla. 4th DCA· 1987-06-03 ·cited 6×
  Trans-World Realty appealed a trial court's denial of its motion to vacate a default judgment entered against it for failure to timely file an answer to a breach of contract complaint. The Fourth District Court of Appeal reversed, holding that secretarial error resulting in failu
• Marine Outlet v. Miner
  469 So. 2d 251· Fla. 2d DCA· 1985-05-29 ·cited 6×
  Marine Outlet appeals the trial court's denial of its motion to vacate a clerk's default in a personal injury case brought by two elderly women injured by a dog attack. The appellate court held that the trial judge abused his discretion by refusing to vacate the default, finding
• Carroll's, Inc. v. Anne Marie DeBARROS
  182 So. 2d 49· Fla. 3d DCA· 1966-01-25 ·cited 6×
  Carroll's, Inc. appealed an order vacating a default judgment for goods sold. The court affirmed the vacation of the final judgment but reversed the trial court's allowance of defendant to plead to the merits, holding that the defendant's default for failure to plead should remai
• Kelly v. HSBC Bank USA
  240 So. 3d 107· Fla. 3d DCA· 2018-02-28 ·cited 5×
  A default judgment obtained against a mortgagee without proper service is void and must be vacated, and a complaint alleging that a mortgage is unenforceable based on acceleration and statute of limitations is properly dismissed when those theories have been rejected by controlli
• Martins v. The Oaks Master Prop. Owners Ass'n, Inc.
  159 So. 3d 142· Fla. 5th DCA· 2014-11-14 ·cited 5×
  Sergio Martins appeals a foreclosure judgment on his property for unpaid HOA assessments, arguing the court's service by publication was defective. The court agreed that the HOA's constructive service violated due process because it failed to attempt service at Martins' known add
• Gafoor Jaffer and Nina Jaffer v. Chase Home Fin. LLC
  92 So. 3d 240· Fla. 4th DCA· 2012-06-06 ·cited 5×
  The court held that the trial court must determine if the affidavits supporting summary judgment were based on the personal knowledge of the affiant.
• Muhammad v. Dixon
  400 F. Supp. 3d 1272· N.D. Fla.· 2021-08-10 ·cited 4×
  The court vacated the default against the Secretary and stayed proceedings pending a ruling by the Eleventh Circuit.
• Sewell v. Colee
  132 So. 3d 1186· Fla. 3d DCA· 2014-01-22 ·cited 4×
  The trial court had jurisdiction to consider a renewed motion to vacate a default judgment, and the appellate court erred in affirming its denial.
• Roberto Lopez-Loarca over person & Prop. of Mario Miguel v. Cosme
  76 So. 3d 5· Fla. 4th DCA· 2011-10-19 ·cited 4×
  The guardian of an injured worker appeals a summary judgment that barred the worker's individual negligence claim as untimely. The court reversed, holding that the guardian's amended complaint properly relates back to the original workers' compensation carrier subrogation claim f
• Seay Outdoor Advertising, Inc. v. Locklin
  965 So. 2d 325· Fla. 1st DCA· 2007-09-21 ·cited 4×
  Seay Outdoor Advertising appeals the trial court's order vacating a default final judgment against Claude Mark Locklin for failure to respond to discovery. The appellate court reverses, holding that Locklin failed to demonstrate the requisite due diligence required to vacate a ju
• Nationsbanc Mortg. Corp. v. The Gardens N. Condo. Ass'n, Inc.
  764 So. 2d 883· Fla. 4th DCA· 2000-08-09 ·cited 4×
  NationsBanc appeals from a trial court order denying its motion to vacate a foreclosure judgment, arguing that service of process was void due to improper service on a corporate administrative assistant rather than a designated officer. The Fourth District Court of Appeal agrees,
• RAY v. Thomson-Kernaghan & Co. Ltd.
  761 So. 2d 1197· Fla. 4th DCA· 2000-06-28 ·cited 4×
  Bradley Ray, a sophisticated businessman and CEO, appeals an order denying his motion to vacate a clerk's default entered against him. The court affirmed, finding that Ray failed to demonstrate an abuse of discretion by the trial judge, who reasonably concluded that Ray's relianc
• Hospitality Ventures OF Coral Springs, L.C. v. Am. Arb. Ass'n Inc.
  755 So. 2d 159· Fla. 4th DCA· 2000-03-01 ·cited 4×
  Hospitality Ventures sought to enjoin arbitration proceedings between itself and AGB Construction by suing both AGB Construction and the American Arbitration Association. The trial court improperly entered a default judgment against AAA without proper notice to AGB Construction,
• Duran v. John Stalder, Inc.
  686 So. 2d 627· Fla. 5th DCA· 1996-11-22 ·cited 4×
  The circuit court erred in summarily affirming the denial of a motion to vacate a default judgment, as the notice of appeal, though defective, clearly indicated the intent to challenge the default and judgment.
• Hovarth v. AETNA Life Ins. Co. for the Use & Benefit of the Voluntary Benefit Plan FOR Retired Emps. OF White Motor Co.
  634 So. 2d 240· Fla. 5th DCA· 1994-03-25 ·cited 4×
  The court reversed a default judgment against Hovarth because service of process was invalid. The defendant was served through his son-in-law, who did not reside at Hovarth's home, violating the statutory requirement that substituted service must be made to a person actually resi
• Solange Buttigieg v. Francine Prunetti
  610 So. 2d 667· Fla. 4th DCA· 1992-12-16 ·cited 4×
  A French resident visiting Florida was served with a summons at the airport and failed to respond, resulting in a default judgment. She later moved to vacate the judgment and quash service, arguing the summons lacked proper French translation as required by the amended rules. The
• Smith v. Commissioner OF Internal Revenue
  926 F.2d 1470· 6th Cir.· 1991-03-08 ·cited 4×
  The Tax Court did not err in entering a default judgment for fraud penalties based on the Commissioner's well-pleaded allegations, nor did it abuse its discretion in denying the petitioner's motion to set aside the default.
• 1155 Inv. Co. v. Tamarac Club, Inc.
  537 So. 2d 154· Fla. 4th DCA· 1989-01-11 ·cited 4×
  A mortgage foreclosure plaintiff obtained a default judgment against a lienholder after attempting substituted service of process through the Florida Secretary of State, but failed to comply with statutory notice requirements or allege jurisdictional grounds for substituted servi
• Div. of Admin. State of Fla. Dep't of Transp. v. Davis
  511 So. 2d 686· Fla. 4th DCA· 1987-08-12 ·cited 4×
  The court held that the trial court erred in conducting a non-jury trial after a jury trial had been demanded and not validly waived, despite the appellant's failure to appear.
• Barnett Bank OF S. Fla., N.A. v. Blaise Picchi & Credit Bureau of Miami, Inc.
  503 So. 2d 1373· Fla. 4th DCA· 1987-03-18 ·cited 4×
  The court reversed a trial court's entry of default judgment against a defendant who had filed a notice of appearance, holding that Florida Rule of Civil Procedure 1.500(b) implicitly requires notice of a hearing before default can be entered, even when the defendant's only filin
• ST. Regis Paper Company/Southern Culvert Operations v. Quality Pipeline, Inc.
  469 So. 2d 820· Fla. 2d DCA· 1985-04-24 ·cited 4×
  St. Regis obtained a judgment against subcontractor Quality Pipeline for breach of contract and sought to enforce it by garnishing payments Quality was receiving under a bankruptcy reorganization plan confirmed by the debtor Sunshine Meadows. The court held that St. Regis's contr
• Sunny S. Aircraft Serv., Inc. v. Inversiones
  417 So. 2d 676· Fla.· 1982-07-15 ·cited 4×
  An order denying a motion to vacate a default judgment is appealable.
• In re Est. of Anthony Benjamin Raso
  332 So. 2d 78· Fla. 4th DCA· 1976-05-14 ·cited 4×
  The court held that the trial court abused its discretion in denying the motion to vacate the default judgment because the appellant properly alleged excusable neglect and a meritorious defense.
• City OF Hialeah & Chester Webb v. Carroll
  324 So. 2d 639· Fla. 3d DCA· 1976-01-13 ·cited 4×
  The court held that the trial court erred in denying the motion to set aside the default because service of process on both defendants was defective.
• Bates v. The Keyes Co.
  261 So. 2d 549· Fla. 3d DCA· 1972-05-09 ·cited 4×
  Dorothy Bates appealed from a default judgment entered against her in a breach of exclusive listing agreement dispute. The appellate court reversed, holding that the trial court abused its discretion by refusing to vacate the default where the defendant demonstrated excusable neg