Dunn v. Jo Ann Taube Realty, Inc.

District Court of Appeal of Florida

Dunn v. Jo Ann Taube Realty, Inc.

399 So. 2d 63, 1981 Fla. App. LEXIS 20030

CourtDistrict Court of Appeal of Florida

DecidedMay 26, 1981

DocketNo. 80-1882

StatusPublished

Cited by3 cases

This text of 399 So. 2d 63 (Dunn v. Jo Ann Taube Realty, Inc.) 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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Dunn v. Jo Ann Taube Realty, Inc., 399 So. 2d 63, 1981 Fla. App. LEXIS 20030 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

In the light of the showing of excusable neglect, and of the proferred meritorious defenses, we find that the trial court abused its discretion in denying the appellant-defendant’s promptly filed motions to set aside the default and final default judgment entered against her below. North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla.1962); McAlice v. Kirsch, 368 So.2d 401 (Fla. 3d DCA 1979); Espinosa v. Racki, 324 So.2d 105 (Fla. 3d DCA 1975); Rubin v. Baker, 276 So.2d 532 (Fla. 3d DCA 1973). Accordingly, the order under review is reversed with directions to vacate the default and default judgment and to accept the defendant’s tendered answer, and for further proceedings consistent herewith.

Reversed.

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PER CURIAM.

In the light of the showing of excusable neglect, and of the proferred meritorious defenses, we find that the trial court abused its discretion in denying the appellant-defendant’s promptly filed motions to set aside the default and final default judgment entered against her below. North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla.1962); McAlice v. Kirsch, 368 So.2d 401 (Fla. 3d DCA 1979); Espinosa v. Racki, 324 So.2d 105 (Fla. 3d DCA 1975); Rubin v. Baker, 276 So.2d 532 (Fla. 3d DCA 1973). Accordingly, the order under review is reversed with directions to vacate the default and default judgment and to accept the defendant’s tendered answer, and for further proceedings consistent herewith.

Reversed.

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399 So. 2d 63, 1981 Fla. App. LEXIS 20030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-jo-ann-taube-realty-inc-fladistctapp-1981.

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