Newkirk v. Florida Insurance Guaranty Ass'n

District Court of Appeal of Florida

Newkirk v. Florida Insurance Guaranty Ass'n

464 So. 2d 1256, 10 Fla. L. Weekly 470, 1985 Fla. App. LEXIS 12499

CourtDistrict Court of Appeal of Florida

DecidedFebruary 19, 1985

DocketNo. 84-772

StatusPublished

This text of 464 So. 2d 1256 (Newkirk v. Florida Insurance Guaranty Ass'n) 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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Newkirk v. Florida Insurance Guaranty Ass'n, 464 So. 2d 1256, 10 Fla. L. Weekly 470, 1985 Fla. App. LEXIS 12499 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

Under the facts herein, section 631.67, Florida Statutes (1983), did not furnish a basis for vacating the default judgment in favor of Newkirk. Appellees were required to proceed under Florida Rule of Civil Procedure 1.540(b). Appellees’ motions to vacate the default judgment did not sufficiently allege excusable neglect, nor did they aver the existence of a meritorious defense. Further, the motions were not supported by affidavit or other sworn statement. See B.C. Builders Supply Co. v. Maldonado, 405 So.2d 1345 (Fla. 3d DCA 1981). Thus, the trial court erred in setting aside the judgment in favor of Newkirk.

Accordingly, we reverse and remand with directions to reinstate the judgment.

Reversed and remanded with directions.

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PER CURIAM.

Under the facts herein, section 631.67, Florida Statutes (1983), did not furnish a basis for vacating the default judgment in favor of Newkirk. Appellees were required to proceed under Florida Rule of Civil Procedure 1.540(b). Appellees’ motions to vacate the default judgment did not sufficiently allege excusable neglect, nor did they aver the existence of a meritorious defense. Further, the motions were not supported by affidavit or other sworn statement. See B.C. Builders Supply Co. v. Maldonado, 405 So.2d 1345 (Fla. 3d DCA 1981). Thus, the trial court erred in setting aside the judgment in favor of Newkirk.

Accordingly, we reverse and remand with directions to reinstate the judgment.

Reversed and remanded with directions.

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464 So. 2d 1256, 10 Fla. L. Weekly 470, 1985 Fla. App. LEXIS 12499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newkirk-v-florida-insurance-guaranty-assn-fladistctapp-1985.

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