Florida District Courts of Appeal, 1984

Tahiti Resorts, Inc. v. Dowling

Florida District Courts of Appeal · Decided February 14, 1984 · Barkdull, Baskin, Ferguson

446 So. 2d 189; 1984 Fla. App. LEXIS 11820 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Recob v. Moore (Fla. Dist. Ct. App. 1996)

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Opinion of the Court

PER CURIAM.

Appellant Tahiti Resorts, Inc. challenges the trial court’s non-final order denying Tahiti’s motion to set aside default and final judgment. The record discloses that Tahiti Resorts has failed to make the required showing of both excusable neglect and a meritorious defense necessary for vacating a default. North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla. 1962); Dade County v. Lambert, 334 So.2d 844 (Fla. 3d DCA 1976). Furthermore, we have been presented with no authority to support appellant’s position that the automatic stay provisions of the Bankruptcy Act operate to void service of process. We therefore find the trial court did not abuse its discretion in denying Tahiti’s motion to set aside default and final judgment.

Affirmed.

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