Amerant Bank N.A. v. D.R. Horton, Inc., 51 Fla. L. Weekly D836 (Fla. 3d DCA Apr. 20, 2026):

Amerant served an amended complaint; D.R. Horton failed to respond, resulting in a clerk’s default and a default final judgment.

D.R. Horton moved for relief under Rule 1.540(b)(1), filing a verified motion explaining the failure to respond was caused by clerical and calendaring errors, combined with in-house counsel’s emergency hospitalization to give birth and her subsequent maternity leave.

The trial court granted relief.

On appeal, the court affirmed, concluding the trial court did not abuse its discretion in finding excusable neglect. It noted that 1.540(b)(1) covers “honest mistakes” and admonished that the rule should be liberally construed in favor of decisions on the merits.