Herrera v. Southeast Bank, N.A.

Florida Circuit Courts

Herrera v. Southeast Bank, N.A.

24 Fla. Supp. 2d 188

CourtCircuit Court for the Judicial Circuits of Florida

DecidedAugust 6, 1987

DocketCase No. 86-255 AP (County Court Case No. 86-7382SP05)

StatusPublished

This text of 24 Fla. Supp. 2d 188 (Herrera v. Southeast Bank, N.A.) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits 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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Herrera v. Southeast Bank, N.A., 24 Fla. Supp. 2d 188 (Fla. Super. Ct. 1987).

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Opinion

OPINION OF THE COURT

GREENBAUM, Judge.

The Appellant herein (Defendant) moves to vacate the Judgment heretofore entered by the Court.

[189]*189The Defendant timely filed a Motion to Dismiss. The Court acknowledged that the Motion to Dismiss had been timely filed but had not made the Court file. The Court should not have dismissed the cause without first hearing the Defendant’s Motion. 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 the trial upon the merits.” North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (1962).

The Default is hereby vacated, the Judgment is hereby vacated, and this cause is hereby remanded for a hearing on the Motion to Dismiss and then proceedings consistent with the Rules of Procedures.

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