Howard v. Florida Department of Health & Rehabilitative Services

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

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 ment 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.