Avis Rent-a-Car Systems, Inc. v. Hercules

District Court of Appeal of Florida

Avis Rent-a-Car Systems, Inc. v. Hercules

515 So. 2d 418, 12 Fla. L. Weekly 2640, 1987 Fla. App. LEXIS 11109

District Court of Appeal of Florida·Decided November 17, 1987·No. No. 87-1848·Published·Cited by 1 cases

Opinion

PER CURIAM.

We reverse the order denying the defendant’s motion to vacate the default judgment because we find that the defendant satisfied the two-prong test for vacating a default judgment which requires a showing of excusable neglect and a meritorious defense. See Gibraltar Serv. Carp, v. Lone & Assocs., Inc., 488 So.2d 582 (Fla. 4th DCA 1986). The trial court found that the defendant demonstrated excusable neglect in failing to timely file a response to the complaint. We find that the motion to vacate the default judgment, which tendered an answer containing a general denial of negligence, was sufficient to establish a meritorious defense. North Shore Hosp., Inc. v. Barber, 143 So.2d 849 (Fla. 1962); Pedro Realty, Inc. v. Silva, 399 So.2d 367 (Fla. 3d DCA 1981); Bay Convalescent Center, Inc. v. Carroll, 352 So.2d 900, 904 (Fla. 1st DCA 1977) (Ervin, J. dissenting), cert. dismissed, 364 So.2d 881 (Fla.1978).

Accordingly, the order is reversed and remanded.

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PER CURIAM.

We reverse the order denying the defendant’s motion to vacate the default judgment because we find that the defendant satisfied the two-prong test for vacating a default judgment which requires a showing of excusable neglect and a meritorious defense. See Gibraltar Serv. Carp, v. Lone & Assocs., Inc., 488 So.2d 582 (Fla. 4th DCA 1986). The trial court found that the defendant demonstrated excusable neglect in failing to timely file a response to the complaint. We find that the motion to vacate the default judgment, which tendered an answer containing a general denial of negligence, was sufficient to establish a meritorious defense. North Shore Hosp., Inc. v. Barber, 143 So.2d 849 (Fla. 1962); Pedro Realty, Inc. v. Silva, 399 So.2d 367 (Fla. 3d DCA 1981); Bay Convalescent Center, Inc. v. Carroll, 352 So.2d 900, 904 (Fla. 1st DCA 1977) (Ervin, J. dissenting), cert. dismissed, 364 So.2d 881 (Fla.1978).

Accordingly, the order is reversed and remanded.

Avis Rent-a-Car Systems, Inc. v. Hercules, 515 So. 2d 418, 12 Fla. L. Weekly 2640, 1987 Fla. App. LEXIS 11109 (Fla. Ct. App. 1987).

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Opinion

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