Motion To Vacate Default Judgment

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

• Davos Francois v. Vive Fin., LLC
  2026 WL 758289· Fla. 4th DCA· 2026-03-18 ·cited 3×
  Davos Francois appealed an order denying his motion to vacate a default final judgment, arguing lack of standing. The Fourth District Court of Appeal affirmed, holding that lack of standing cannot be raised for the first time in a Rule 1.540(b) motion and that judgments entered d
• Kitchen Design Cabinets, Inc. v. Dionysia Bentley
  320 So. 3d 1013· Fla. 1st DCA· 2021-07-06 ·cited 3×
  The appellate court affirmed the trial court's order denying a motion to vacate a clerk's default. The court found that the appellant failed to demonstrate excusable neglect and that the trial court did not abuse its discretion in its factual findings.
• Howard v. Gualt
  259 So. 3d 119· Fla. 4th DCA· 2018-10-31 ·cited 3×
  A guarantor appeals a trial court's denial of his motion to vacate a default judgment in a mortgage foreclosure action. The guarantor argues the plaintiff failed to exercise due diligence in attempting personal service before resorting to service by publication. The appellate cou
• De Armand L. Hull v. The Lending House, Inc.
  19 So. 3d 404· Fla. 3d DCA· 2009-09-02 ·cited 3×
• H & F Tires, L.P. v. D. Gladis Co., Inc.
  981 So. 2d 647· Fla. 4th DCA· 2008-05-21 ·cited 3×
  H & F Tires appeals a trial court order denying its motion to vacate a default judgment entered due to improper service of process. The Fourth District Court of Appeal reversed, finding that service on a tire store manager was improper under Florida's service of process statutes
• Maniscalco v. Hollywood Fed. Sav. & Loan Ass'n
  397 So. 2d 453· Fla. 4th DCA· 1981-04-29 ·cited 3×
  A party whose conduct has misled a defendant into believing that strict adherence to payment schedules is not required may be estopped from seeking default judgment without providing notice of subsequent defaults.
• Jensen v. Hoofe
  155 So. 2d 847· Fla. 3d DCA· 1963-08-20 ·cited 3×
  In this breach of contract case involving corporate stock, the Florida District Court of Appeal reversed a trial court judgment and remanded for a new trial on damages, holding that despite a valid default judgment, the defendants were entitled to present evidence on the issue of
• Hewitt v. Int'l Shoe Co.
  114 Fla. 743· Fla.· 1934-05-11 ·cited 3×
  This case addresses whether a trial court could vacate a default judgment and permit defendants to file pleas more than 120 days after the default was entered. The Florida Supreme Court held that once a motion to vacate a default is denied, the court lacks jurisdiction to reconsi
• FI Cap. Inv. 19, LLC v. Optimal Health Pharmacy, LLC
  321 So. 3d 278· Fla. 4th DCA· 2023-01-04 ·cited 2×
  The appellate court affirmed a lower court's decision to vacate a default judgment against an escrow agent. The court clarified that while trial courts should make findings when vacating defaults, it is not a mandatory requirement for reversal.
• OFF Lease Only, LLC v. Fedia Chariscar
  350 So. 3d 369· Fla. 4th DCA· 2022-11-02 ·cited 2×
  Florida appellate court reversed a default judgment because the trial court entered it without first ruling on the defendant's pending motion to vacate the default, violating established procedural law.
• Versilia Supply Serv. SRL v. M/Y Waku
  2007 WL 4224814· S.D. Fla.· 2022-06-28 ·cited 2×
  The court held that there was good cause to vacate the clerk's entry of default against the garnishee because the garnishee had a meritorious defense, the default was not willful, and the judgment creditors would not be prejudiced.
• Locke v. Whitehead
  Fla. 4th DCA· 2021-06-23 ·cited 2×
  A contractor appeals an order vacating a default judgment against homeowners who filed an erroneous construction lien against his homestead property. The trial court vacated the judgment, finding the homeowners satisfied the requirements for relief from default. The appellate cou
• Marlen Cantero Mesa v. The Bank OF NEW York
  180 So. 3d 222· Fla. 3d DCA· 2015-12-16 ·cited 2×
  In this mortgage foreclosure case, the Mesas appealed an order denying their motion to quash service of process and vacate default judgment. The Third District Court of Appeal reversed, holding that the mere filing of a notice of appearance by counsel does not constitute a waiver
• Trans Health Mgmt., Inc. v. Webb
  132 So. 3d 1152· Fla. 1st DCA· 2013-12-10 ·cited 2×
  Trans Health Management and Trans Healthcare appealed a $900 million judgment entered against them after trial proceeded without any attorney representing the defendants. The Florida appellate court reversed, holding that the trial court abused its discretion by denying a foreign
• Wadsworth v. JP Morgan Chase Bank, N.A.
  123 So. 3d 688· Fla. 4th DCA· 2013-10-23 ·cited 2×
  In a mortgage foreclosure case, the trial court improperly entered a default judgment and granted summary judgment against Wadsworth after he had filed an answer and raised a valid defense regarding the lender's failure to comply with notice requirements in the mortgage's acceler
• Block v. Rip Tosun
  77 So. 3d 871· Fla. 4th DCA· 2012-01-18 ·cited 2×
  The Trustees of the Jackson Martindell Trust appealed the trial court's order vacating a 1992 default judgment against Rip Tosun. The court reversed, holding that the trial court erred in setting aside the judgment without an evidentiary hearing, since the clerk's progress docket
• TID Servs., Inc. v. Tulsie Dass
  65 So. 3d 1· Fla. 2d DCA· 2010-11-17 ·cited 2×
  TID Services, Inc. appeals the denial of its motion to vacate a default judgment, challenging the validity of service of process at a private mailbox. The court reversed, holding that while service at a private mailbox may be proper under Florida law, it requires strict complianc
• Fontane Baptiste v. Cleante Baptiste
  992 So. 2d 374· Fla. 3d DCA· 2008-10-08 ·cited 2×
  The court held that the trial court erred by awarding the jointly owned home as lump sum alimony without the required evidentiary proceeding and statutory findings of fact. It also held that the trial court must rule on the former husband's motion to vacate the default.
• Belcourt v. Rebekah M. Haraczka & The Lounge, Inc.
  987 So. 2d 175· Fla. 1st DCA· 2008-07-17 ·cited 2×
  The court held that a defaulting party is entitled to notice and an opportunity to be heard regarding unliquidated damages.
• Camerota v. Kaufman
  666 So. 2d 1042· Fla. 4th DCA· 1996-01-31 ·cited 2×
  Camerota appeals from a default judgment entered after she failed to respond to an amended complaint and failed to appear at a status conference. The court reverses and remands because Camerota's unrebutted affidavits created a factual issue about whether she received notice of t
• Dorthea Kaye Minnillo Neidermiller v. Amlong & Amlong, P.A.
  563 So. 2d 758· Fla. 4th DCA· 1990-06-13 ·cited 2×
  The Fourth District Court of Appeal affirmed the trial court's denial of a motion to vacate a default judgment foreclosing a charging lien held by an attorney firm. The court held that the appellant's challenge came too late, as she failed to object to the establishment of the ch
• Peerless Ins. Co. v. Guignardi
  547 So. 2d 230· Fla. 4th DCA· 1989-07-12 ·cited 2×
  Peerless Insurance Company appeals the trial court's denial of its motion to vacate a default judgment entered against it in a negligent hiring lawsuit. The appellate court reversed, holding that Peerless demonstrated excusable neglect by reasonably relying on the defendant Ratne
• Jackson v. Ayne B. Jackson
  542 So. 2d 481· Fla. 2d DCA· 1989-05-05 ·cited 2×
  The court held that the husband's reliance on a mediation/arbitration agreement and the wife's assurances constituted excusable neglect, warranting vacation of the default.
• Jerry's Pizza King Int'l, Inc. v. Peoples Acceptance Corp.
  435 So. 2d 393· Fla. 5th DCA· 1983-07-28 ·cited 2×
  Florida appellate court reversed denial of motion to vacate default judgment, holding that trial court must determine whether excusable neglect exists when a meritorious defense is shown.
• Murray Simon v. Leach
  148 So. 2d 739· Fla. 3d DCA· 1963-01-22 ·cited 2×
  The court held that the trial judge erroneously denied the motion to set aside the decree pro confesso, and that justice requires reversal and remand.
• Migoski v. E. Air Lines, Inc.
  63 So. 2d 634· Fla.· 1953-03-10 ·cited 2×
  Migoski sought damages for lost luggage after his air travel from Miami to Detroit was interrupted by weather in Akron and completed by bus. The Florida Supreme Court affirmed the lower courts' judgments against him, holding that the bus transportation was part of the original co
• Liverpool & London & Globe Ins. Co. v. Duncan
  71 Fla. 59· Fla.· 1916-01-25 ·cited 2×
  This case concerns the validity of a default judgment entered against an insurance company. The court affirmed the judgment, finding that service of process was proper and that the attempted appearance by an unauthorized attorney did not invalidate the default.
• Zapf v. Lasseter
  53 Fla. 239· Fla.· 1907-01-01 ·cited 2×
  Zapf sued Lasseter & Company for debt recovery and obtained a default judgment when defendants failed to plead. After the sixty-day statutory period for vacating defaults had passed, the trial court entertained a motion for rehearing on the motion to vacate and set aside the judg
• Amparo Denis v. Seasons Gardens Senior Residence, LLC
  Fla. 3d DCA· 2025-02-05 ·cited 1×
  Amparo Denis appealed a trial court's order vacating default judgments entered against Seasons Gardens Senior Residence. The Florida District Court of Appeal dismissed the appeal for lack of jurisdiction, holding that orders setting aside non-final default orders are themselves n
• Verijet, Inc. v. Vision Leasing 241, LLC
  394 So. 3d 78· Fla. 3d DCA· 2024-06-26 ·cited 1×
  Verijet appeals the trial court's denial of its motion to vacate a default final judgment entered after it failed to retain new counsel within ten days of its prior counsel's withdrawal. The appellate court reversed, finding that Verijet demonstrated excusable neglect, presented
• Dessberg v. Sarasota Harbor E. Ass'n, Inc.
  369 So. 3d 1172· Fla. 2d DCA· 2023-08-04 ·cited 1×
  The appellate court reversed a default final judgment of foreclosure, finding that the trial court erred in granting a judicial default. The court held that the default was improperly entered because the defendant filed a responsive pleading before the default was officially ente
• Benavente v. Ocean Vill. Prop. Owners Assoc., Inc.
  260 So. 3d 313· Fla. 4th DCA· 2018-11-28 ·cited 1×
  The Homeowners appealed a nonfinal order denying their motion to vacate a foreclosure judgment and quash constructive service of process. The Association foreclosed on a lien for unpaid assessments but failed to properly exercise due diligence in locating the Homeowners before re
• Todd v. Citimortgage, Inc.
  168 So. 3d 344· Fla. 5th DCA· 2015-07-10 ·cited 1×
  The court dismissed an appeal from an order denying a motion to vacate judicial defaults because such orders are not appealable nonfinal orders under Florida Rule of Appellate Procedure 9.130(a)(3), and no extraordinary circumstances warranted certiorari review.
• Golden State Indus., Inc. v. Amparo Cueto
  883 So. 2d 817· Fla. 3d DCA· 2004-04-14 ·cited 1×
  Golden State Industries, Inc. appeals the denial of its motion to dismiss for lack of personal jurisdiction in a negligence suit arising from a pool deck collapse. The court affirmed, finding that Golden State waived the personal jurisdiction defense by not raising it initially,
• George v. Radcliffe
  753 So. 2d 573· Fla. 4th DCA· 1999-10-06 ·cited 1×
  Appellant George, a plaintiff in a commercial dispute, failed to answer defendants' amended counterclaim within the required timeframe. The trial court entered a default judgment against him on the counterclaim, and the appellate court affirmed the denial of his motion to vacate
• Franz X. Greisel, Sr. v. F. Browne Gregg and Consolidated
  733 So. 2d 1119· Fla. 5th DCA· 1999-06-04 ·cited 1×
  The Greisels appeal a trial court order denying their motions to vacate a default judgment entered against them. The court reversed, holding that the judgment was void because the Greisels did not receive notice at the address designated by the trial court, particularly where the
• Moore v. Powell
  480 So. 2d 137· Fla. 4th DCA· 1985-12-11 ·cited 1×
  The Fourth District Court of Appeal affirmed the trial court's denial of appellants' motion to vacate a default judgment. The court held that appellants failed to demonstrate excusable neglect because their reliance on an insurance carrier to defend the litigation was unreasonabl
• Panter v. Werbel-Roth Sec., Inc.
  406 So. 2d 1267· Fla. 4th DCA· 1981-12-09 ·cited 1×
  Brett Panter appealed the denial of his motion to vacate a default judgment and final judgment entered against him in a contract dispute. The court held that service of process was defective because it was made at his father's home in Florida when Panter was a permanent resident
• Louis H. v. Smith
  205 So. 2d 543· Fla. 2d DCA· 1967-12-29 ·cited 1×
  This case involves an appeal from orders denying a motion to vacate a default judgment and striking an answer and counterclaim. The appellate court reversed, holding that the lower court erred by applying the old rules of civil procedure instead of the 1967 Florida Rules of Civil
• Baez v. Quintana
  Fla. 3d DCA· 2026-09-03
  A six-week delay in filing a motion to vacate a default after receiving notice constitutes lack of due diligence as a matter of law absent competent substantial evidence of exceptional circumstances.
• State v. Scruggs
  Fla. 3d DCA· 2026-02-11
  The State appealed a trial court's order granting a motion to vacate a default paternity and child support judgment against Scruggs. The appellate court reversed, holding that the trial court abused its discretion by granting relief from judgment without conducting an evidentiary
• Ansaroff v. Laureles
  Fla. 3d DCA· 2026-02-11
  In a mortgage foreclosure action, the trial court vacated a default judgment against defendant Laureles after her attorney abandoned her case, and subsequently entered summary judgment in her favor. The appellants challenged all three orders, but their appeal failed because the t
• Ullrich v. Fed. Mortg. Lending, LLC
  Fla. 3d DCA· 2026-01-21
  A party asserting defective service of process must challenge personal jurisdiction in the initial motion or waives the claim.
• Colmenares v. Castillo
  Fla. 3d DCA· 2025-12-03
  Once a defendant is personally served with an initial complaint, service of amended complaints is accomplished through the procedures in Florida Rule of General Practice and Judicial Administration 2.516(a) and (b), and a certificate of service is prima facie proof of proper serv
• Lumech, Inc. v. Union Venture Trading S.A.
  Fla. 3d DCA· 2025-11-05
  An appellate court lacks jurisdiction to hear an appeal when the notice of appeal is filed more than thirty days after rendition of a final judgment, as the time parameters for filing an appeal are jurisdictional under Florida law.
• Storey Mountain, LLC v. Ashco, Inc.
  Fla. 5th DCA· 2025-10-03
  A trial court does not abuse its discretion by vacating a default judgment when the moving party demonstrates excusable neglect, a meritorious defense, and due diligence, and equitable considerations support relief under Rule 1.540(b).
• Grudenic v. Sundeep Singh
  Fla. 3d DCA· 2025-08-13
  The trial court's order denying the motion to vacate the default judgment is affirmed. The affidavit of diligent search was facially sufficient under Florida Statutes section 49.041, and Grudenic's failure to provide a transcript of the evidentiary hearing prevents appellate revi
• Surf Consultants, Inc. v. Lizbeth Sanchez
  Fla. 3d DCA· 2025-07-30
  When service of process is invalid but was effected within the 120-day statutory period, the proper remedy is to quash service and permit the action to remain pending, not to dismiss the action without prejudice.
• Olympus Pools, Inc. v. 30 Day Pools, LLC
  Fla. 2d DCA· 2025-05-16
  When an appellant fails to provide a transcript or adequate substitute for an unreported hearing on a motion to set aside a default judgment, the appellate court must affirm the trial court's order because the record is insufficient to demonstrate a gross abuse of discretion.
• Kassin v. 3909 Ponce De Leon LLC
  Fla. 3d DCA· 2025-02-05
  A return of service that fails to include the statutory factors mandated by section 48.21(1), Florida Statutes, is facially defective and invalidates service, requiring reversal and remand to grant the motions to quash service.