Dunn v. Jo Ann Taube Realty, Inc.

Florida District Courts of Appeal
Dunn v. Jo Ann Taube Realty, Inc., 399 So. 2d 63 (1981)
1981 Fla. App. LEXIS 20030
Ferguson, Pearson, Schwartz

Dunn v. Jo Ann Taube Realty, Inc.

Opinion of the Court

PER CURIAM.

In the light of the showing of excusable neglect, and of the proferred meritorious defenses, we find that the trial court abused its discretion in denying the appellant-defendant’s promptly filed motions to set aside the default and final default judgment entered against her below. North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla. 1962); McAlice v. Kirsch, 368 So.2d 401 (Fla. 3d DCA 1979); Espinosa v. Racki, 324 So.2d 105 (Fla. 3d DCA 1975); Rubin v. Baker, 276 So.2d 532 (Fla. 3d DCA 1973). Accordingly, the order under review is reversed with directions to vacate the default and default judgment and to accept the defendant’s tendered answer, and for further proceedings consistent herewith.

Reversed.

Reference

Full Case Name
Rita DUNN v. JO ANN TAUBE REALTY, INC., a Florida Corporation, and Marvin Rosen & Associates, a Florida Corporation
Cited By
3 cases
Status
Published