Florida District Courts of Appeal, 1979

Williams v. Stack

Florida District Courts of Appeal · Decided January 31, 1979 · Anstead, Beranek, Downey

366 So. 2d 872; 1979 Fla. App. LEXIS 14008 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

OLYMPUS POOLS, INC, STATEN v. 30 DAY POOLS, LLC, THE POOL CONSULTANTS, LLC (Fla. Dist. Ct. App. 2025)
Vanguard Group, Inc. v. Vanguard Security, Inc. (Fla. Dist. Ct. App. 1982)
Arranco Shoes By Carmen, Inc. v. Calzados Milady, S.L. (Fla. Dist. Ct. App. 1982)
TIE COMMUNICATIONS v. Toyota Motors (Fla. Dist. Ct. App. 1980)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is an appeal from an order setting aside a default. The motion to set aside the default did not allege the existence of a meritorious defense, and no proof was ever submitted, other than representations of counsel, concerning any legal excuse for the failure to respond to the complaint. As such the motion and proof were insufficient to justify setting aside the default. Clark v. Roberto's, Inc., 320 So.2d 870 (Fla. 4th DCA 1975); Winter Park Arms, Inc. v. Ak-*873erman, 199 So.2d 107 (Fla. 4th DCA 1967); Thomason v. Jernigan, 146 So.2d 905 (Fla. 1st DCA 1962). Accordingly, the order is reversed.

DOWNEY, C. J., and ANSTEAD and BERANEK, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.