Florida District Courts of Appeal, 2000

Land-Based & Water Parasailing, Inc. v. Para-Soar Adventures, Inc.

Land-Based & Water Parasailing, Inc. v. Para-Soar Adventures, Inc.
Florida District Courts of Appeal · Decided May 31, 2000 · Glickstein, Hugh, Stone, Warner
757 So. 2d 1289; 2000 Fla. App. LEXIS 6569; 2000 WL 690279 (Southern Reporter, Second Series)

Land-Based & Water Parasailing, Inc. v. Para-Soar Adventures, Inc.

Opinion of the Court

GLICKSTEIN, HUGH S,, Senior Judge.

This is an appeal from a final judgment entered after default against two dissolved corporations. We reverse and remand.

The record reflects a factual scenario akin to that in Electric Engineering Company, Inc. v. General Electric Canada, 610 So.2d 51 (Fla. Bd DCA 1992).

The affidavits filed in the trial court establish excusable neglect. Although it is not necessary to establish a meritorious defense by affidavit, the record reflects the existence of one. Due diligence has also been shown. Accordingly, the default should have been set aside by the trial court.

WARNER, C.J., and STONE, J., concur.

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