Myers v. Martin

District Court of Appeal of Florida

Myers v. Martin

609 So. 2d 783, 1992 Fla. App. LEXIS 13582, 1992 WL 385544

CourtDistrict Court of Appeal of Florida

DecidedDecember 30, 1992

DocketNo. 92-2364

StatusPublished

Cited by1 cases

This text of 609 So. 2d 783 (Myers v. Martin) 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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Myers v. Martin, 609 So. 2d 783, 1992 Fla. App. LEXIS 13582, 1992 WL 385544 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

We affirm the trial court’s order which vacated the final judgment but reverse the trial court’s order which denied appellant’s motion to vacate the default entered against him and remand with direction to vacate same.

[784]*784The facts of this case, in our view, clearly establish excusable neglect, a meritorious defense and diligent action after learning of the default. See Somero v. Hendry Gen. Hosp., 467 So.2d 1103 (Fla. 4th DCA), rev. denied, Hay slip v. Somero, 476 So.2d 674 (Fla.1985); Brandt v. Dolman, 421 So.2d 689 (Fla. 4th DCA 1982); B.C. Builders Supply Co. v. Maldonado, 405 So.2d 1345 (Fla. 3d DCA 1981).

GLICKSTEIN, C.J., LETTS, J., and OWEN, WILLIAM C„ Jr., Senior Judge, concur.

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PER CURIAM.

We affirm the trial court’s order which vacated the final judgment but reverse the trial court’s order which denied appellant’s motion to vacate the default entered against him and remand with direction to vacate same.

[784]*784The facts of this case, in our view, clearly establish excusable neglect, a meritorious defense and diligent action after learning of the default. See Somero v. Hendry Gen. Hosp., 467 So.2d 1103 (Fla. 4th DCA), rev. denied, Hay slip v. Somero, 476 So.2d 674 (Fla.1985); Brandt v. Dolman, 421 So.2d 689 (Fla. 4th DCA 1982); B.C. Builders Supply Co. v. Maldonado, 405 So.2d 1345 (Fla. 3d DCA 1981).

GLICKSTEIN, C.J., LETTS, J., and OWEN, WILLIAM C„ Jr., Senior Judge, concur.

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609 So. 2d 783, 1992 Fla. App. LEXIS 13582, 1992 WL 385544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myers-v-martin-fladistctapp-1992.

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