Florida District Courts of Appeal, 1985

Worth v. Mendez

Florida District Courts of Appeal · Decided June 26, 1985 · Anstead, Barkett, Walden

473 So. 2d 222; 1985 Fla. App. LEXIS 15143 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

ANSTEAD, C.J., and BARKETT, J., concur. WALDEN, J., dissents with opinion.

Dissenting Opinion

WALDEN, Judge,

dissenting:

In my opinion the trial court should have set aside the default and allowed a trial upon the merits because movant clearly showed excusable neglect, plus the circumstances that he had a meritorious defense.

I would reverse.

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