Motion To Vacate Default Judgment

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

• 720 S. Howard, LLC v. Gina Invs., LLC
  202 So. 3d 133· Fla. 2d DCA· 2016-10-14
  720 South Howard, LLC and Christopher B. Scott appeal a default judgment entered by the clerk on a promissory note. The court reversed, finding the clerk erroneously entered the default after the defendants had already filed a responsive motion.
• HSBC Bank USA, N.A. v. Biscayne Point Condo. Ass'n
  184 So. 3d 606· Fla. 3d DCA· 2016-01-27
  HSBC Bank USA appeals a circuit court's denial of its motion to vacate a default judgment, arguing the judgment was void and entered without personal jurisdiction. The Third District Court of Appeal reverses the judgment and remands, finding the Association's legal position indef
• Ho v. Fountains of Palm Beach Condo.
  15th Cir. Ct. App. Div.· 2014-08-12
  Benjamin Ho appeals a default judgment entered against him in a condominium dispute, arguing the trial court erred by denying his motion to vacate without holding an evidentiary hearing on the validity of service of process. The appellate court reverses, finding the trial court w
• Matilde A. Palacin v. HSBC Bank USA Nat'l Ass'n
  127 So. 3d 699· Fla. 4th DCA· 2013-11-20
  Homeowner Palacin challenged a summary judgment foreclosure entered against her, arguing that the clerk's default on which it was based was erroneously entered. The court reversed, finding the default was invalid because Palacin had timely served a motion for additional time to r
• Kalb v. The Sail Condo. Ass'n, Inc.
  112 So. 3d 674· Fla. 3d DCA· 2013-05-01
  ThyssenKrupp obtained a default judgment against Sail Condominium Association for breach of contract, but the Association filed a motion to vacate over 21 months later, claiming service was improper. The appellate court reversed the trial court's order vacating the judgment, hold
• Yale Mortg. Corp. v. Dieula Blot
  107 So. 3d 1181· Fla. 3d DCA· 2013-02-13
  The trial court abused its discretion by vacating a default judgment and sale because the defendant failed to demonstrate excusable neglect for not answering the complaint.
• JP Morgan Chase Bank, N.A. v. Wells Fargo Bank, N.A.
  103 So. 3d 282· Fla. 5th DCA· 2012-12-28
  The court held that a default judgment entered without notice to a party known to intend to defend is void.
• Bank OF NEW York Mellon v. P2D2, LLC
  100 So. 3d 205· Fla. 2d DCA· 2012-10-31
  Bank of New York Mellon appealed orders denying its motion to vacate default and granting summary judgment quieting title in favor of P2D2, LLC. The court affirmed the denial of the motion to vacate default but reversed the summary judgment, holding that a mortgage executed by a
• Brady v. P3 Grp. (LLC) & Hypower, Inc.
  98 So. 3d 1206· Fla. 3d DCA· 2012-09-19
  Brady appeals an order denying his motion to vacate a final default judgment entered in a third-party action. The court reversed, holding that Skop, a party to the main claim but not the third-party claim against Brady, lacked standing to prosecute the third-party claims because
• Verabella Falls Condo. v. Sosa
  77 So. 3d 815· Fla. 3d DCA· 2012-01-04
  Service on a registered agent of a corporation qualified to do business in Florida is valid even if made on an employee, as the statute provides an alternative method to the corporate hierarchy.
• Ismael v. Certain Lands Upon Which Special Assessments Are Delinquent
  51 So. 3d 583· Fla. 3d DCA· 2010-12-29
  A former property owner challenges a foreclosure of his property for delinquent special assessments, arguing the lienholder lacked standing and that notice was deficient. The court affirms the foreclosure, holding that a municipality may validly assign its statutory right to fore
• Eliana Gonzalez v. Forfeiture OF ONE 2005 Hummer H2 Motor Vehicle
  42 So. 3d 843· Fla. 3d DCA· 2010-08-04
  The court held that irregularities in the seizure notice and the defendant's fulfillment of requirements for vacating a default judgment warranted reversal of the denial of her motion.
• Bojadzijev v. Roanoke Tech. Corp.
  997 So. 2d 1251· Fla. 5th DCA· 2009-01-02
  Thomas Bojadzijev appeals the trial court's denial of his motion to vacate a default final judgment entered in favor of Roanoke Technology Corporation in a breach of contract action. The Fifth District Court of Appeal affirms the default judgment, finding that Bojadzijev waived h
• Corzo Trucking Corp. v. West
  974 So. 2d 627· Fla. 4th DCA· 2008-02-27
  The Florida Fourth District Court of Appeal reversed a trial court's sua sponte order granting a motion to vacate a default judgment because the order was entered more than ten days after the court's initial denial of the motion, exceeding the court's jurisdictional time limit un
• Dodrill v. Infe, Inc.
  837 So. 2d 1187· Fla. 4th DCA· 2003-02-26
  In this appeal of a default judgment vacated by the trial court, the Fourth District Court of Appeal affirmed the vacation order, holding that a sworn statement supporting a motion to vacate a default judgment need not be notarized and that an ambiguous notarial paragraph does no
• Grosheim v. Greenpoint Mortg. Funding, Inc.
  819 So. 2d 906· Fla. 4th DCA· 2002-06-19
  The dissenting judge argues that a prior ruling, Vaughan, should be followed instead of the majority's decision, as the majority's rule may defeat the intent of the account owner and create a trap for unwary attorneys.
• Londono v. BIG Lake Nat'l Bank its successor by merger to Clewiston Nat'l Bank
  780 So. 2d 1044· Fla. 4th DCA· 2001-04-04
  A Florida appellate court reversed the denial of a motion to vacate a default judgment entered as a sanction for discovery violations. The court held that when a default is entered as a sanction for discovery violations (rather than for failure to answer), a party seeking to vaca
• Tri-Five Prop. Mgmt. Corp. v. Silverman
  764 So. 2d 5· Fla. 4th DCA· 1998-12-09
  Tri-Five Property Management Corporation appealed the trial court's order denying its motion to vacate a default judgment. The Fourth District Court of Appeal affirmed the denial, holding that the appellant failed to demonstrate excusable neglect for its extended failure to respo
• Rokeach v. Glickstein
  718 So. 2d 831· Fla. 4th DCA· 1998-07-22
  The Fourth District Court of Appeal affirmed the trial court's denial of the Rokeachs' motion to vacate default judgment and quash service of process. The court held that service was valid under Florida law because it was effected at the defendants' usual place of abode, even tho
• Sunset Ctr. Props., Ltd. v. Associated Med. Health Servs., Inc.
  585 So. 2d 977· Fla. 3d DCA· 1991-08-13
  Sunset Center Properties appealed the trial court's order vacating a default judgment against Jesse Starkman, the personal guarantor of a commercial lease. The court affirmed, holding that the guarantee language limited Starkman's liability to the first twelve months of the lease
• Hurd v. AL Springer Roofing, Inc.
  526 So. 2d 784· Fla. 3d DCA· 1988-06-21
• Boron v. W. Tex. Exports, Inc.
  680 F. Supp. 1532· S.D. Fla.· 1988-03-08
  The court held that West Texas had sufficient minimum contacts with Florida to establish personal jurisdiction, and that its motion to vacate default should be denied due to bad faith and discovery violations. Motions to dismiss for lack of personal jurisdiction were granted for
• Bil-Jax, Inc. v. Williamson
  497 So. 2d 1350· Fla. 4th DCA· 1986-12-03
  The trial court did not abuse its discretion in denying a motion to vacate a final judgment on default because the movant failed to establish excusable neglect.
• Smith v. Imp. Birds, Inc.
  457 So. 2d 1154· Fla. 4th DCA· 1984-10-24
  Appellant Smith appealed a trial court order denying his motions to quash service of process and vacate default, and sought a stay pending review conditioned on posting a $25,000 bond. The appellate court agreed the bond amount was excessive and an abuse of discretion, reducing i
• Moore v. Schraw
  455 So. 2d 605· Fla. 5th DCA· 1984-09-06
  Moore appeals the trial court's order vacating a default judgment entered against Schraw and Schraw Realty for failure to respond to a breach of contract complaint. The appellate court reverses, holding that the default was properly entered without notice and that defendants fail
• Sunny S. Aircraft Serv., Inc. v. Inversiones
  443 So. 2d 216· Fla. 4th DCA· 1983-12-14
  The court held that the trial judge did not abuse his discretion in denying the motion to vacate the default judgment.
• LaBARCA v. RCA Serv. Co.
  438 So. 2d 885· Fla. 4th DCA· 1983-09-14
  LaBarca, a motel owner, appeals an interlocutory order denying his motion to vacate a default judgment entered after he failed to respond to a replevin suit filed by RCA Service Company. The court affirmed, finding no abuse of discretion where LaBarca failed to support his excuse
• Diversified Dev. Grp., Inc. v. Bowers
  433 So. 2d 678· Fla. 2d DCA· 1983-06-29
  Diversified Development Group and its vice-president Gordon Simpson appealed the denial of their motion to vacate a default judgment entered by the trial court. The appellate court affirmed the denial, holding that the trial court did not abuse its discretion given the conflictin
• Sunshine Terminal Servs., Inc. v. Nat'l Life Ins. Co.
  412 So. 2d 419· Fla. 3d DCA· 1982-04-13
• Silva v. Pedro Realty, Inc.
  411 So. 2d 872· Fla.· 1982-03-11
  The Florida Supreme Court resolved a jurisdictional conflict among district courts regarding whether an order denying a motion to vacate a default judgment is appealable. The Court held that such orders are appealable under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv),
• Sportatorium, Inc. v. Kamilar
  407 So. 2d 929· Fla. 3d DCA· 1981-11-24
  Sportatorium appeals the trial court's denial of its motion to vacate a default judgment entered against it in a negligence suit. The court reverses, holding that Sportatorium demonstrated both excusable neglect and a meritorious defense under the liberal standard established in
• Gino Bironi, Jr. v. Henderson
  367 So. 2d 724· Fla. 3d DCA· 1979-02-20
  Gino Bironi was sued on a promissory note while imprisoned in a Florida correctional institution. The trial court granted service by publication and entered default judgment against him, but the appellate court reversed because the plaintiff failed to make reasonable inquiry to l
• BAY Convalescent Ctr., Inc. v. Carroll
  352 So. 2d 900· Fla. 1st DCA· 1977-11-22
  Bay Convalescent Center appeals a default judgment in a wrongful death negligence case, arguing the trial court erred in denying its motion to vacate the default. The court affirmed, holding that Bay failed to present a factual record demonstrating either excusable neglect or a m
• Schwartz v. Peterson
  46 Fla. Supp. 97· Palm Beach Cty. Cir. Ct.· 1977-08-29
  In this mortgage foreclosure case, the circuit court initially denied defendants' motion to vacate a default judgment and foreclosure sale, finding Mrs. Peterson suffered excusable neglect but lacked a meritorious defense. However, the court subsequently vacated the judicial sale
• Dade Cnty. & Eugene Simms v. Raderman
  342 So. 2d 1049· Fla. 3d DCA· 1977-02-22
  Dade County and its director appealed an order denying their motion to vacate a default judgment entered when they failed to timely file a responsive pleading. The court reversed, holding that where a defendant raises jurisdictional questions regarding sovereign immunity on the s
• In re The Marriage OF Maurice W. Strauser
  297 So. 2d 856· Fla. 4th DCA· 1974-07-26
• Cohen v. Interstate Fire Ins. Co.
  291 So. 2d 236· Fla. 3d DCA· 1974-03-19
  A defendant sued on a surety bond appealed from a default judgment entered against him personally after his pleadings were struck for failure to answer deposition questions. The court reversed, holding the trial judge abused his discretion in striking pleadings and entering defau