Florida District Courts of Appeal, 2003

S.K. v. Department of Children & Families

S.K. v. Department of Children & Families
Florida District Courts of Appeal · Decided March 12, 2003 · Farmer, Hazouri, Stevenson
839 So. 2d 876; 2003 Fla. App. LEXIS 3140 (Southern Reporter, Second Series)

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.

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