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Fla. 4th DCA·
2025-01-08
A trial court does not grossly abuse its discretion in granting a motion to vacate a default judgment when evidence supports findings of excusable neglect and due diligence, particularly where the defendant suffered from diminished mental capacity and did not receive proper notic
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Fla. 5th DCA·
2024-11-22
A trial court's denial of a motion to quash service of process is affirmed when the return of service is valid on its face, the party challenging service fails to provide a transcript of the evidentiary hearing, and the trial court found the process server's testimony credible ov
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Fla. 5th DCA·
2024-11-22
A trial court's denial of a motion to quash service of process is affirmed when the return of service is facially valid, the appellant fails to provide a hearing transcript, and thus cannot meet the burden of proving by clear and convincing evidence that service was invalid. Addi
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Fla. 4th DCA·
2024-11-13
Appellant appeals a circuit court order vacating a default judgment against the Williamses on the ground that the judgment was void for lack of notice. The appellate court affirmed, holding that the appellant failed to present sufficient evidence that the Williamses received actu
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Fla. 4th DCA·
2024-10-23
A Georgia resident and LLC manager challenged personal jurisdiction in a fraud complaint brought by Florida investors. The trial court denied his motion to vacate the clerk's default and dismiss, but the appellate court reversed, finding conflicting affidavits on a critical juris
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Fla. 3d DCA·
2024-08-28
A party seeking to vacate a default judgment must provide sworn evidence of exceptional circumstances to demonstrate due diligence, and absent such competent substantial evidence, the party fails to show due diligence as a matter of law.
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S.D. Fla.·
2024-06-19
A Canadian sound reduction technology company sued its former Dubai-based manager for misappropriating trade secrets and confidential information after his termination in November 2023. The magistrate judge denied the defendant's motion to dismiss for lack of personal jurisdictio
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Fla. 3d DCA·
2024-05-01
Blue Agave Imports appeals the trial court's order granting a motion to quash service of process and vacate a default judgment against defendant Pinto. The appellate court affirmed, holding that Pinto established invalid service by clear and convincing evidence and that the defau
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Fla. 3d DCA·
2024-05-01
A tenant appealed a default eviction judgment, arguing she was never properly served with the complaint. The appellate court reversed and remanded because the tenant's unrebutted allegations, if proven, would establish invalid service of process, entitling her to an evidentiary h
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Fla. 2d DCA·
2024-03-15
The appellate court reversed a lower court's decision to vacate a default judgment against Star Collision. The court found that the return of service, despite a minor misspelling, was facially valid and Star Collision failed to present clear and convincing evidence of improper se
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Fla. 2d DCA·
2024-03-15
A return of service that names the person served and includes all statutory factors required by Florida Statute § 48.21(1) is facially valid and presumptively valid, and a party challenging service must overcome that presumption with clear and convincing evidence rather than rely
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Fla. 3d DCA·
2024-02-21
A defendant cannot obtain relief from a default judgment under Rule 1.540(b)(1) based solely on a claim of non-service that fails to meet the clear and convincing evidence standard, as such a claim does not constitute excusable neglect but rather amounts to a naked denial contrad
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M.D. Fla.·
2023-12-14
The court held that the defendants' motion to dismiss was denied without prejudice because it failed to comply with local rules, was filed after a clerk's default was entered, and a corporate defendant cannot appear pro se.
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Fla. 3d DCA·
2023-08-23
Medical providers who received assignments of benefits appealed the denial of their motion to intervene in a declaratory judgment action between an insurer and its insured. The appellate court reversed, holding that the providers' interest was direct and immediate enough to warra
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S.D. Fla.·
2023-08-22
The Court adopted the Magistrate Judge's Report and Recommendation, overruling Plaintiffs' objections and granting Garnishees' motion for attorney's fees in part, finding that the dissolution of garnishment writs constituted a final judgment and that Garnishees substantially comp
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Fla. 4th DCA·
2023-05-24
The appellate court reversed a trial court's denial of a motion to vacate a default judgment. The court found that the appellants' attorney's failure to attend a case management conference constituted excusable neglect, that the appellants had a meritorious defense, and that they
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Fla. 4th DCA·
2023-05-03
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Fla. 3d DCA·
2023-02-22
The appellate court reviewed a lower court's denial of a motion to vacate a default judgment and quash service of process. The court affirmed the denial of the motion to quash service, finding the issue was waived, but reversed the denial of the motion to vacate the default judgm
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Fla. 4th DCA·
2023-02-01
Constructive service by publication does not confer personal jurisdiction in breach of contract cases, and a defendant cannot waive the challenge to deficient service by evading personal service and failing to timely respond.
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Fla. 3d DCA·
2022-11-02
Florida appellate court reversed a default judgment against Morrison because the trial court lacked authority to enter default when Morrison had filed multiple responsive pleadings on the record that were never struck or found insufficient.
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Fla. 4th DCA·
2022-11-02
The appellate court reversed a default final judgment against a car dealership, finding that the trial court erred by entering the judgment while a motion to vacate the default was still pending. The court emphasized that a pending motion affecting a party's right to proceed must
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Fla. 3d DCA·
2022-10-06
The Third District Court of Appeal affirmed a trial court's denial of a defendant's motion to quash service of process and vacate a default judgment for unpaid attorney's fees. The court held that contractual attorney's fees based on agreed hourly rates and invoices constitute li
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Fla. 4th DCA·
2022-09-07
The appellate court reversed a lower court's denial of a motion to vacate a default judgment. The court found that the lower court failed to consider the necessary factors for vacating a default, despite the defendants' explanation of excusable neglect.
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Fla. 4th DCA·
2022-09-07
The appellate court reversed a lower court's decision denying a motion to quash service of process and vacate a default judgment. The court found that constructive service by publication was improper for a breach of contract case seeking a money judgment, rendering the service an
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Fla. 3d DCA·
2022-06-22
A trial court's denial of a motion to vacate a default is reviewed for abuse of discretion, and the appellant failed to demonstrate error.
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Fla. 2d DCA·
2022-04-13
The appellate court reversed a trial court's order vacating a default judgment, finding that the judgment was voidable, not void. The defendant waited over seven years to challenge the judgment, which exceeded the time limit for voidable judgments.
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Fla. 5th DCA·
2022-03-31
Dinh Nguyen appeals orders denying his motion to vacate default judgments and a judicial sale of property in an eviction action. The court held that the county court lacked subject matter jurisdiction because the counterclaim seeking damages exceeding $15,000 should have triggere
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336 So. 3d 418·
Fla. 3d DCA·
2022-03-30
Defendants in a foreclosure action appeal a default judgment entered against them while their attorney was actively negotiating settlement with plaintiff's counsel. The trial court denied defendants' motion to vacate the default judgment, and the appellate court reversed, holding
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Fla. 4th DCA·
2022-03-16
Alonzie Wiggins sued his former employer Brightview for negligence stemming from a 2015 workplace injury. After Brightview failed to appear despite proper service, the clerk entered a default and a jury awarded Wiggins $2.5 million in damages without Brightview's participation. T
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Fla. 4th DCA·
2022-03-16
The appellate court reversed a trial court's denial of a motion to vacate a default judgment, finding that Brightview Landscape Services' failure to defend a negligence lawsuit due to a clerical and systems error in coding the case as a resolved workers' compensation matter const
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Fla. 5th DCA·
2022-02-17
David M. Santiago appeals the trial court's denial of his motion to quash service of process by publication, set aside a foreclosure judgment, and vacate the resulting certificates. The Fifth District Court of Appeal reverses, finding that the foreclosure defendant's failure to c
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Fla. 3d DCA·
2021-12-15
Lashonda Young appeals the trial court's order denying her motion to vacate a default judgment entered against her on April 3, 2019. The court reversed, finding the judgment void on due process grounds because Young was not given proper notice of the trial and lacked an opportuni
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Fla. 3d DCA·
2021-10-27
In this foreclosure action, College Health II, GP, Inc. appealed the trial court's denial of its motions to vacate a court default and resulting default judgment. College Health argued that the default should be lifted because the opposing counsel had actual knowledge of its repr
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Fla. 3d DCA·
2021-10-27
The appellate court affirmed the trial court's denial of a motion to vacate a default judgment. The court held that knowledge of a defendant's representation by counsel is insufficient to vacate a default; the plaintiff's counsel must also have actual knowledge that the defendant
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Fla. 3d DCA·
2021-10-20
Helen Berggren and Howard Galbut appealed a trial court order vacating a default judgment against North Miami Bagels, Inc. The appellate court reversed, finding the trial court erred by failing to apply a presumption of service when Berggren's counsel mailed the trial order to Ba
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M.D. Fla.·
2021-06-30
The court held that the defendant was not properly served, therefore the default judgment against it is vacated and service is quashed, while the plaintiff's motion to remand is denied.
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Fla. 5th DCA·
2021-06-24
L.W.T., Inc., as assignee of a default judgment, appeals the trial court's order vacating a 2000 small claims default judgment against Christine Schmidt. The court reversed, holding that the plaintiff had submitted an affidavit of damages as required by Florida Small Claims Rule
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M.D. Fla.·
2021-06-02
The court granted the defendant's motion to quash service of process and vacate the default judgment because the plaintiff served an unauthorized agent.
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Fla. 4th DCA·
2021-04-28
In a residential mortgage foreclosure case, pro se defendant Shaina Thane, daughter of the deceased borrower, appealed from the circuit court's order granting the third-party purchaser's motions for certificate of title and writ of possession, and denying defendant's motions to v
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Fla. 4th DCA·
2021-04-21
A contractor appeals a trial court's order vacating a default judgment against homeowners who failed to timely respond to his complaint regarding an improperly filed construction lien. The court reversed, holding that the homeowners failed to establish the requisite elements for
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M.D. Fla.·
2021-01-09
The court held that defendants failed to meet the requirements for vacating a default judgment under Rule 60(b)(1) or (6) by not demonstrating a meritorious defense, good cause for their non-compliance, or extraordinary circumstances.
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Fla. 1st DCA·
2020-12-28
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Fla. 4th DCA·
2020-11-25
The appellate court reversed a lower court's decision to deny a motion to vacate a default judgment. The court found that the clerk's default was void because the defendant had filed documents before the default was entered, meaning the court, not the clerk, should have entered a
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Fla. 4th DCA·
2020-11-25
A clerk's default is void ab initio when the defendant has filed any paper in the action before the default is entered, requiring that any subsequent default be entered by the court rather than the clerk.
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S.D. Fla.·
2020-03-25
Dr. Rehab Auf sued Howard University and four of its officials in Florida federal court for employment-related claims arising from her disputed appointment and subsequent termination from a faculty position at the university in Washington, D.C. The court granted defendants' motio
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Fla. 4th DCA·
2019-09-18
Due diligence is required for the initial motion to vacate a default judgment but not for subsequent motions filed without prejudice, and defendant demonstrated due diligence in filing his amended motion sixty-five days later where he filed a supporting affidavit the day after th
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Fla. 3d DCA·
2019-05-01
Lincoln Mews Condominium Association appeals an order denying its motion to vacate a default final judgment of $500,000 entered in favor of unit owner Ms. Harris in 2011. The Association argues the judgment is void due to improper service, lack of jurisdiction, and procedural def
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250 So. 3d 838·
Fla. 3d DCA·
2018-07-05
A trial court abuses its discretion by denying a motion to vacate a default when the defendant demonstrates excusable neglect (failure to receive notice due to mailing to wrong address), a meritorious defense (assertion that payment was already made), and due diligence in seeking
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221 So. 3d 1285·
Fla. 3d DCA·
2017-07-12
In this parental rights termination case, the Florida Third District Court of Appeal reversed and remanded after the trial court entered an implied consent default against the father for failing to appear at a hearing, despite the father being hospitalized and the Department havi
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224 So. 3d 268·
Fla. 3d DCA·
2017-07-12
U.S. Bank appeals the denial of its motion to vacate a default judgment quieting title in favor of JAK Mortgage. The court reverses, holding that the trial court lost jurisdiction over JAK Mortgage's quiet title claim against U.S. Bank when it dismissed U.S. Bank from the case, a