S.K. v. Department of Children & Families

District Court of Appeal of Florida

S.K. v. Department of Children & Families

839 So. 2d 876, 2003 Fla. App. LEXIS 3140

District Court of Appeal of Florida·Decided March 12, 2003·No. No. 4D01-5027·Published·Cited by 2 cases

Opinion

PER CURIAM.

We find that the entry of a default and the trial court’s denial of the father’s motion to vacate the default judgment terminating his parental rights was an abuse of discretion. Rule 8.270 provides that “[o]n motion and upon such terms as are just, the court may relieve a party or the party’s legal representative from an order, judgment, or proceeding for the following reasons: Mistake, inadvertence, surprise, or excusable neglect.” Fla. R. Juv. P. 8.270(1). We find that the father demonstrated at least one of these reasons.

REVERSED.

FARMER, STEVENSON and HAZOURI, JJ., concur.

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PER CURIAM.

We find that the entry of a default and the trial court’s denial of the father’s motion to vacate the default judgment terminating his parental rights was an abuse of discretion. Rule 8.270 provides that “[o]n motion and upon such terms as are just, the court may relieve a party or the party’s legal representative from an order, judgment, or proceeding for the following reasons: Mistake, inadvertence, surprise, or excusable neglect.” Fla. R. Juv. P. 8.270(1). We find that the father demonstrated at least one of these reasons.

REVERSED.

FARMER, STEVENSON and HAZOURI, JJ., concur.

S.K. v. Department of Children & Families, 839 So. 2d 876, 2003 Fla. App. LEXIS 3140 (Fla. Ct. App. 2003).

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