Land-Based & Water Parasailing, Inc. v. Para-Soar Adventures, Inc.

District Court of Appeal of Florida

Land-Based & Water Parasailing, Inc. v. Para-Soar Adventures, Inc.

757 So. 2d 1289, 2000 Fla. App. LEXIS 6569, 2000 WL 690279

District Court of Appeal of Florida·Decided May 31, 2000·No. No. 4D99-2518·Published

Opinion

GLICKSTEIN, HUGH S,, Senior Judge.

This is an appeal from a final judgment entered after default against two dissolved corporations. We reverse and remand.

The record reflects a factual scenario akin to that in Electric Engineering Company, Inc. v. General Electric Canada, 610 So.2d 51 (Fla. Bd DCA 1992).

The affidavits filed in the trial court establish excusable neglect. Although it is not necessary to establish a meritorious defense by affidavit, the record reflects the existence of one. Due diligence has also been shown. Accordingly, the default should have been set aside by the trial court.

WARNER, C.J., and STONE, J., concur.

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GLICKSTEIN, HUGH S,, Senior Judge.

This is an appeal from a final judgment entered after default against two dissolved corporations. We reverse and remand.

The record reflects a factual scenario akin to that in Electric Engineering Company, Inc. v. General Electric Canada, 610 So.2d 51 (Fla. Bd DCA 1992).

The affidavits filed in the trial court establish excusable neglect. Although it is not necessary to establish a meritorious defense by affidavit, the record reflects the existence of one. Due diligence has also been shown. Accordingly, the default should have been set aside by the trial court.

WARNER, C.J., and STONE, J., concur.

Land-Based & Water Parasailing, Inc. v. Para-Soar Adventures, Inc., 757 So. 2d 1289, 2000 Fla. App. LEXIS 6569, 2000 WL 690279 (Fla. Ct. App. 2000).

Pincite

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Opinion

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