Tucker v. North Florida Regional Hospital, Inc.

District Court of Appeal of Florida

Tucker v. North Florida Regional Hospital, Inc.

377 So. 2d 823, 1979 Fla. App. LEXIS 16191

CourtDistrict Court of Appeal of Florida

DecidedDecember 14, 1979

DocketNo. OO-289

StatusPublished

This text of 377 So. 2d 823 (Tucker v. North Florida Regional Hospital, Inc.) 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.

Bluebook

Tucker v. North Florida Regional Hospital, Inc., 377 So. 2d 823, 1979 Fla. App. LEXIS 16191 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

Appellants challenge the denial of their motion to vacate a judgment, entered after default, on the grounds of misrepresentation and mistake or excusable neglect. Finding no error, we affirm as to those points. Allen v. Wright, 350 So.2d 111 (Fla.1st DCA 1977); Sun Finance Corp. v. Friend, 139 So.2d 484 (Fla.3rd DCA 1962).

We are concerned, however, about one point raised indirectly on appeal. The default upon which the final judgment ultimately was rendered was entered one day prematurely. We remand to the trial court for a determination of what effect, if any, the early entry of the default had on the validity of the final judgment.

McCORD, LARRY G. SMITH, and SHIVERS, JJ., concur.

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PER CURIAM.

Appellants challenge the denial of their motion to vacate a judgment, entered after default, on the grounds of misrepresentation and mistake or excusable neglect. Finding no error, we affirm as to those points. Allen v. Wright, 350 So.2d 111 (Fla.1st DCA 1977); Sun Finance Corp. v. Friend, 139 So.2d 484 (Fla.3rd DCA 1962).

We are concerned, however, about one point raised indirectly on appeal. The default upon which the final judgment ultimately was rendered was entered one day prematurely. We remand to the trial court for a determination of what effect, if any, the early entry of the default had on the validity of the final judgment.

McCORD, LARRY G. SMITH, and SHIVERS, JJ., concur.

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377 So. 2d 823, 1979 Fla. App. LEXIS 16191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tucker-v-north-florida-regional-hospital-inc-fladistctapp-1979.

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