Serrano v. Ayala

District Court of Appeal of Florida

Serrano v. Ayala

728 So. 2d 1231, 1999 Fla. App. LEXIS 4293, 1999 WL 187384

District Court of Appeal of Florida·Decided April 7, 1999·No. No. 98-2050·Published·Cited by 1 cases

Opinion

PER CURIAM.

Appellant, Noris Yolanda Serrano (“defendant”), appeals an order denying her motion to vacate a default obtained by Eduardo Ayala (“plaintiff’) in an action for damages arising from an automobile accident. We reverse finding that the default should have been set aside because the plaintiff knew the defendant intended to defend the lawsuit, and because the default was not due to the defendant’s gross negligence. See Levante v. Corallo, 688 So.2d 427 (Fla. 3d DCA 1997); Ole, Inc. v. Yariv, 566 So.2d 812 (Fla. 3d DCA 1990).

Reversed.

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PER CURIAM.

Appellant, Noris Yolanda Serrano (“defendant”), appeals an order denying her motion to vacate a default obtained by Eduardo Ayala (“plaintiff’) in an action for damages arising from an automobile accident. We reverse finding that the default should have been set aside because the plaintiff knew the defendant intended to defend the lawsuit, and because the default was not due to the defendant’s gross negligence. See Levante v. Corallo, 688 So.2d 427 (Fla. 3d DCA 1997); Ole, Inc. v. Yariv, 566 So.2d 812 (Fla. 3d DCA 1990).

Reversed.

Serrano v. Ayala, 728 So. 2d 1231, 1999 Fla. App. LEXIS 4293, 1999 WL 187384 (Fla. Ct. App. 1999).

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