Myers v. Martin

Florida District Courts of Appeal December 30, 1992

Myers v. Martin, 609 So. 2d 783 (1992)

1992 Fla. App. LEXIS 13582; 1992 WL 385544

Glickstein, Letts, Owen, William

Opinion of the Court

PER CURIAM.

We affirm the trial court’s order which vacated the final judgment but reverse the trial court’s order which denied appellant’s motion to vacate the default entered against him and remand with direction to vacate same.

*784The facts of this case, in our view, clearly establish excusable neglect, a meritorious defense and diligent action after learning of the default. See Somero v. Hendry Gen. Hosp., 467 So.2d 1103 (Fla. 4th DCA), rev. denied, Hay slip v. Somero, 476 So.2d 674 (Fla. 1985); Brandt v. Dolman, 421 So.2d 689 (Fla. 4th DCA 1982); B.C. Builders Supply Co. v. Maldonado, 405 So.2d 1345 (Fla. 3d DCA 1981).

GLICKSTEIN, C.J., LETTS, J., and OWEN, WILLIAM C„ Jr., Senior Judge, concur.

Reference

Full Case Name: Eugene E. MYERS, Appellant/Cross v. Phyllis E. MARTIN and William J. Martin, her husband, jointly and severally, Appellees/Cross
Cited By: 1 case
Status: Published