Florida District Courts of Appeal, 2019

Proenza v. SunTrust Banks, N.A.

Proenza v. SunTrust Banks, N.A.
Florida District Courts of Appeal · Decided January 16, 2019 · Lagoa, Lindsey, Luck
263 So. 3d 225 (Southern Reporter, Third Series)

Proenza v. SunTrust Banks, N.A.

Opinion of the Court

PER CURIAM.

Affirmed. See B. C. Builders Supply Co. v. Maldonado, 405 So.2d 1345 (Fla. 3d DCA 1981) (There exists a long standing policy of liberality toward vacating of defaults and that a showing of gross abuse of a trial court's discretion is necessary on appeal to justify reversal of the lower court's ruling on a motion to vacate a default.); M.W. v. SPCP Group V, LLC, 163 So.3d 518 (Fla. 3d DCA 2015) ("Indeed, the Florida Supreme Court has emphasized that if there is any reasonable doubt in the matter [of vacating a default], it should be resolved in favor of granting the application and allowing a trial upon the merits of the case.") (citing N. Shore Hosp., Inc. v. Barber, 143 So.2d 849, 852 (Fla. 1962) (reversing a district court's holding that a mere abuse of the trial judge's discretion is a sufficient basis for reversal of his ruling on the motion to vacate) ); Carter, Hawley, Hale Stores, Inc. v. Whitman, 516 So.2d 83 (Fla. 3d DCA 1987) (reversing trial court's order denying appellant corporation's motion to vacate a default, because appellant's delay in answering appellee retailer's complaint constituted excusable neglect, and appellant acted with due diligence after discovering the default.)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.