S.K. v. Department of Children & Families

Florida District Courts of Appeal
S.K. v. Department of Children & Families, 839 So. 2d 876 (2003)
2003 Fla. App. LEXIS 3140
Farmer, Hazouri, Stevenson

S.K. v. Department of Children & Families

Opinion of the Court

PER CURIAM.

We find that the entry of a default and the trial court’s denial of the father’s motion to vacate the default judgment terminating his parental rights was an abuse of discretion. Rule 8.270 provides that “[o]n motion and upon such terms as are just, the court may relieve a party or the party’s legal representative from an order, judgment, or proceeding for the following reasons: Mistake, inadvertence, surprise, or excusable neglect.” Fla. R. Juv. P. 8.270(1). We find that the father demonstrated at least one of these reasons.

REVERSED.

FARMER, STEVENSON and HAZOURI, JJ., concur.

Reference

Full Case Name
S.K., the father v. DEPARTMENT OF CHILDREN AND FAMILIES, STATE OF FLORIDA
Cited By
2 cases
Status
Published