Chase Federal Savings & Loan Ass'n v. Sober

District Court of Appeal of Florida

Chase Federal Savings & Loan Ass'n v. Sober

455 So. 2d 1161, 9 Fla. L. Weekly 2096, 1984 Fla. App. LEXIS 15169

CourtDistrict Court of Appeal of Florida

DecidedSeptember 25, 1984

DocketNo. 84-295

StatusPublished

Cited by2 cases

This text of 455 So. 2d 1161 (Chase Federal Savings & Loan Ass'n v. Sober) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Chase Federal Savings & Loan Ass'n v. Sober, 455 So. 2d 1161, 9 Fla. L. Weekly 2096, 1984 Fla. App. LEXIS 15169 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

In view of this state’s policy of liberality toward setting aside defaults and allowing trials on the merits, see North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla.1962), we find that it was a gross abuse of discretion for the trial court to deny the appellant’s motion to vacate the default in the present case. The appellant presented a meritorious defense and sufficiently demonstrated excusable neglect by showing there was an inadvertent misfiling of the summons and complaint by a clerical employee. See Edwards v. City of Fort Walton Beach, 271 So.2d 136 (Fla.1972); North Shore Hospital; Associated Medical Institutions, Inc. v. Imperatori, 338 So.2d 74 (Fla. 3d DCA 1976).

Accordingly, the order denying appellant’s motion to vacate default is reversed and the cause is remanded for further proceedings.

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PER CURIAM.

In view of this state’s policy of liberality toward setting aside defaults and allowing trials on the merits, see North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla.1962), we find that it was a gross abuse of discretion for the trial court to deny the appellant’s motion to vacate the default in the present case. The appellant presented a meritorious defense and sufficiently demonstrated excusable neglect by showing there was an inadvertent misfiling of the summons and complaint by a clerical employee. See Edwards v. City of Fort Walton Beach, 271 So.2d 136 (Fla.1972); North Shore Hospital; Associated Medical Institutions, Inc. v. Imperatori, 338 So.2d 74 (Fla. 3d DCA 1976).

Accordingly, the order denying appellant’s motion to vacate default is reversed and the cause is remanded for further proceedings.

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455 So. 2d 1161, 9 Fla. L. Weekly 2096, 1984 Fla. App. LEXIS 15169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chase-federal-savings-loan-assn-v-sober-fladistctapp-1984.

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