Merrill-Stevens Dry Dock Co. v. Dozier

District Court of Appeal of Florida

Merrill-Stevens Dry Dock Co. v. Dozier

310 So. 2d 434, 1975 Fla. App. LEXIS 14048

CourtDistrict Court of Appeal of Florida

DecidedApril 8, 1975

DocketNo. 74-1681

StatusPublished

Cited by2 cases

This text of 310 So. 2d 434 (Merrill-Stevens Dry Dock Co. v. Dozier) 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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Merrill-Stevens Dry Dock Co. v. Dozier, 310 So. 2d 434, 1975 Fla. App. LEXIS 14048 (Fla. Ct. App. 1975).

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Opinion

PER CURIAM.

Upon consideration of this interlocutory appeal by the defendant, Merrill-Stevens Dry Dock Co., from a final judgment of default entered after the circuit court denied the defendant’s motion to set aside a default for failure to timely file a pleading or paper in response to the plaintiff-appel-lees’ complaint, we find there to be reversible error.

The policy of the courts of Florida in setting aside defaults in order to permit a trial on the merits is one of liberality. North Shore Hospital, Inc. v. Barber, Fla.1962, 143 So.2d 849. Therefore, the order denying the defendant’s motion to set aside default and the final judgment of default entered pursuant thereto are reversed and remanded to the trial court with directions to proceed to trial on the merits.

Reversed and remanded with directions.

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PER CURIAM.

Upon consideration of this interlocutory appeal by the defendant, Merrill-Stevens Dry Dock Co., from a final judgment of default entered after the circuit court denied the defendant’s motion to set aside a default for failure to timely file a pleading or paper in response to the plaintiff-appel-lees’ complaint, we find there to be reversible error.

The policy of the courts of Florida in setting aside defaults in order to permit a trial on the merits is one of liberality. North Shore Hospital, Inc. v. Barber, Fla.1962, 143 So.2d 849. Therefore, the order denying the defendant’s motion to set aside default and the final judgment of default entered pursuant thereto are reversed and remanded to the trial court with directions to proceed to trial on the merits.

Reversed and remanded with directions.

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310 So. 2d 434, 1975 Fla. App. LEXIS 14048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merrill-stevens-dry-dock-co-v-dozier-fladistctapp-1975.

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