Western Life Insurance Co. v. Kessler

District Court of Appeal of Florida

Western Life Insurance Co. v. Kessler

442 So. 2d 1006, 1983 Fla. App. LEXIS 24222

CourtDistrict Court of Appeal of Florida

DecidedNovember 22, 1983

DocketNo. 83-882

StatusPublished

This text of 442 So. 2d 1006 (Western Life Insurance Co. v. Kessler) 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

Western Life Insurance Co. v. Kessler, 442 So. 2d 1006, 1983 Fla. App. LEXIS 24222 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

We reverse the trial court’s order denying the defendant’s motion to set aside a default and default judgment. Because the defendant’s motion and supporting affidavits quite clearly established that its neglect in failing to timely respond to the plaintiff’s complaint was excusable under the indistinguishable authority of, for example, North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla.1962); Misty Lake Condominium Association, Inc. v. Schwartz, 432 So.2d 638 (Fla. 3d DCA 1983); Associated Medical Institutions, Inc. v. Imperatori, 338 So.2d 74 (Fla. 3d DCA 1976); and Plotkin v. Deatrick Leasing Co., 267 So.2d 368 (Fla. 3d DCA 1972), and the defendant’s proposed answer and affirmative defenses quite clearly asserted meritorious defenses to the plaintiff’s action, the trial court grossly abused its discretion in entering the appealed orders.

Reversed with directions to vacate the final judgment and default and for further proceedings.

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PER CURIAM.

We reverse the trial court’s order denying the defendant’s motion to set aside a default and default judgment. Because the defendant’s motion and supporting affidavits quite clearly established that its neglect in failing to timely respond to the plaintiff’s complaint was excusable under the indistinguishable authority of, for example, North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla.1962); Misty Lake Condominium Association, Inc. v. Schwartz, 432 So.2d 638 (Fla. 3d DCA 1983); Associated Medical Institutions, Inc. v. Imperatori, 338 So.2d 74 (Fla. 3d DCA 1976); and Plotkin v. Deatrick Leasing Co., 267 So.2d 368 (Fla. 3d DCA 1972), and the defendant’s proposed answer and affirmative defenses quite clearly asserted meritorious defenses to the plaintiff’s action, the trial court grossly abused its discretion in entering the appealed orders.

Reversed with directions to vacate the final judgment and default and for further proceedings.

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Bluebook (online)

442 So. 2d 1006, 1983 Fla. App. LEXIS 24222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-life-insurance-co-v-kessler-fladistctapp-1983.

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