Ryder Truck Rental, Inc. v. Patterson
Ryder Truck Rental, Inc. v. Patterson
Opinion of the Court
This is an appeal from an order denying a motion to set aside a default. We reverse.
The appellee, James Arthur Patterson, was injured when his auto was involved in an accident with a truck which was under a long-term lease from the appellant, Ryder Truck Rental, Inc., to an entity not a party to this appeal. The appellant was duly served with the suit papers but due to clerical error neglected to answer or present affirmative defenses. When a default was entered against the appellant, it realized for the first time its failure to answer or otherwise defend and immediately moved to set aside the default. At the hearing on this motion, it apparently convinced the court of its excusable neglect, but because it had not provided a meritorious defense its motion to set aside the default was denied “without prejudice.” Before it filed a motion for rehearing, the appellant filed its answer, affirmative defenses, and supporting affidavits. Its subsequent motion for rehearing was ultimately denied. This appeal followed.
When a default order is filed against a party, to set aside that default the defaulted party must show three things: (1) that it had a legal excuse for failure to comply with the Florida Rules of Civil Procedure; (2) that it has a meritorious defense; and (3) that it demonstrated due diligence in seeking relief from the default. Westinghouse Elevator Co. v. DFS Constr. Co., 438
We accordingly reverse the order denying the motion to set aside the default. We remand for further proceedings consistent with this opinion.
Reversed and remanded.
Reference
- Full Case Name
- RYDER TRUCK RENTAL, INC. v. James Arthur PATTERSON
- Cited By
- 1 case
- Status
- Published