B.R. Fries & Associates, Inc. v. Meagher
B.R. Fries & Associates, Inc. v. Meagher
Opinion of the Court
The sole issue here is whether the trial court judge grossly abused his discretion when he denied defendant’s motion to set aside a default entered against it on February 10, 1983. Summons and Complaint were served upon the defendant’s resident agent on December 17, 1982, and suit papers were delivered to defendant’s personal
On October 25, 1983, a hearing was held on the defendant’s Motion to Set Aside Default, and on November 3, 1983, the trial court entered an order denying defendant’s motion and ruled that the defendant’s agents were not misled and that there had been no excusable neglect demonstrated on the part of the defendant, and that defendant was guilty of not timely moving to set aside the default. The facts of each case are very important in determining whether to set aside a default.
After review of the record, we cannot say that the trial court abused its discretion.
Discretion is reposed in the trial judge by Florida rule. Florida Rule of Civil Procedure 1.540 is of the broadest scope and, in order to reverse the judge’s ruling thereunder, there must be a showing of gross abuse of discretion.
In addition, it is the duty of the trial court, not the appellate courts to make the determination of whether or not the facts constitute excusable neglect, mistake, or inadvertence sufficient to excuse compliance with the rules. Farish v. Lum’s Inc., 267 So.2d 325 (Fla. 1972).
Schwab & Co., v. Breezy Bay, Inc., 360 So.2d 117, 118 (Fla.3d DCA 1978).
We conclude there has been no gross abuse of discretion on the part of the trial court in denying defendant’s Motion to Set Aside Default. See Schwab & Co.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.