Williams v. Stack

District Court of Appeal of Florida

Williams v. Stack

366 So. 2d 872, 1979 Fla. App. LEXIS 14008

CourtDistrict Court of Appeal of Florida

DecidedJanuary 31, 1979

DocketNo. 78-1508

StatusPublished

Cited by4 cases

This text of 366 So. 2d 872 (Williams v. Stack) 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

Williams v. Stack, 366 So. 2d 872, 1979 Fla. App. LEXIS 14008 (Fla. Ct. App. 1979).

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Opinion

PER CURIAM.

This is an appeal from an order setting aside a default. The motion to set aside the default did not allege the existence of a meritorious defense, and no proof was ever submitted, other than representations of counsel, concerning any legal excuse for the failure to respond to the complaint. As such the motion and proof were insufficient to justify setting aside the default. Clark v. Roberto's, Inc., 320 So.2d 870 (Fla. 4th DCA 1975); Winter Park Arms, Inc. v. Ak-[873]*873erman, 199 So.2d 107 (Fla. 4th DCA 1967); Thomason v. Jernigan, 146 So.2d 905 (Fla. 1st DCA 1962). Accordingly, the order is reversed.

DOWNEY, C. J., and ANSTEAD and BERANEK, JJ., concur.

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PER CURIAM.

This is an appeal from an order setting aside a default. The motion to set aside the default did not allege the existence of a meritorious defense, and no proof was ever submitted, other than representations of counsel, concerning any legal excuse for the failure to respond to the complaint. As such the motion and proof were insufficient to justify setting aside the default. Clark v. Roberto's, Inc., 320 So.2d 870 (Fla. 4th DCA 1975); Winter Park Arms, Inc. v. Ak-[873]*873erman, 199 So.2d 107 (Fla. 4th DCA 1967); Thomason v. Jernigan, 146 So.2d 905 (Fla. 1st DCA 1962). Accordingly, the order is reversed.

DOWNEY, C. J., and ANSTEAD and BERANEK, JJ., concur.

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366 So. 2d 872, 1979 Fla. App. LEXIS 14008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-stack-fladistctapp-1979.

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