Howard v. Florida Department of Health & Rehabilitative Services

District Court of Appeal of Florida

Howard v. Florida Department of Health & Rehabilitative Services

589 So. 2d 1018, 1991 Fla. App. LEXIS 11848, 1991 WL 247463

CourtDistrict Court of Appeal of Florida

DecidedNovember 26, 1991

DocketNo. 90-973

StatusPublished

This text of 589 So. 2d 1018 (Howard v. Florida Department of Health & Rehabilitative Services) 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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Howard v. Florida Department of Health & Rehabilitative Services, 589 So. 2d 1018, 1991 Fla. App. LEXIS 11848, 1991 WL 247463 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

We reverse the order denying the vacation of a default judgment entered in a child dependency case. There is record evidence appellants did not receive notice of the calendar call which they failed to attend; thus excusable neglect was demonstrated. See Dubois v. Fried, 378 So.2d 1350 (Fla. 3d DCA 1980). Moreover, the asserted defense that the corporal punish[1019]*1019ment appellants administered did not amount to abuse was a meritorious defense for purposes of setting aside a default. See In Interest of D.S., 492 So.2d 797 (Fla. 2d DCA 1986).

Reversed and remanded.

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PER CURIAM.

We reverse the order denying the vacation of a default judgment entered in a child dependency case. There is record evidence appellants did not receive notice of the calendar call which they failed to attend; thus excusable neglect was demonstrated. See Dubois v. Fried, 378 So.2d 1350 (Fla. 3d DCA 1980). Moreover, the asserted defense that the corporal punish[1019]*1019ment appellants administered did not amount to abuse was a meritorious defense for purposes of setting aside a default. See In Interest of D.S., 492 So.2d 797 (Fla. 2d DCA 1986).

Reversed and remanded.

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589 So. 2d 1018, 1991 Fla. App. LEXIS 11848, 1991 WL 247463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-florida-department-of-health-rehabilitative-services-fladistctapp-1991.

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