Florida District Courts of Appeal, 1989

Garcia v. Marrero

Garcia v. Marrero
Florida District Courts of Appeal · Decided October 3, 1989 · Baskin, Cope, Schwartz
549 So. 2d 772; 14 Fla. L. Weekly 2314; 1989 Fla. App. LEXIS 5406; 1989 WL 114477 (Southern Reporter, Second Series)

Garcia v. Marrero

Opinion of the Court

PER CURIAM.

Affirmed.

SCHWARTZ, C.J., and BASKIN, J., concur.

Dissenting Opinion

COPE, Judge

(dissenting).

Although there was neglect on the part of appellee Marrero, in my view the neglect was excusable, and Marrero acted promptly to move to set aside the default. Florida has a “long standing policy of liberality toward the vacating of defaults[,]” and “ ‘in a case of reasonable doubt, where there has been no trial upon the merits, this discretion is usually exercised in favor of granting the application so as to permit a determination of the controversy upon the merits.’ ” North Shore Hospital, Inc. v. Barber, 143 So.2d 849, 852 (Fla. 1962) (citation omitted). I would reverse the order denying the motion to vacate the default.

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