Florida District Courts of Appeal, 1991

Howard v. Florida Department of Health & Rehabilitative Services

Howard v. Florida Department of Health & Rehabilitative Services
Florida District Courts of Appeal · Decided November 26, 1991 · Cope, Nesbitt, Schwartz
589 So. 2d 1018; 1991 Fla. App. LEXIS 11848; 1991 WL 247463 (Southern Reporter, Second Series)

Howard v. Florida Department of Health & Rehabilitative Services

Opinion of the Court

PER CURIAM.

We reverse the order denying the vacation of a default judgment entered in a child dependency case. There is record evidence appellants did not receive notice of the calendar call which they failed to attend; thus excusable neglect was demonstrated. See Dubois v. Fried, 378 So.2d 1350 (Fla. 3d DCA 1980). Moreover, the asserted defense that the corporal punish*1019ment appellants administered did not amount to abuse was a meritorious defense for purposes of setting aside a default. See In Interest of D.S., 492 So.2d 797 (Fla. 2d DCA 1986).

Reversed and remanded.

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