Legal Topics

ONCE A DEFENDANT FILES “ANY PAPER” THE RULE REQUIRES SERVICE OF NOTICE OF APPLICATION FOR DEFAULT AND REQUIRES THE COURT AND NOT THE CLERK TO ENTER A DEFAULT.
Oct 03rd, 2021 in by admin

ONCE A DEFENDANT FILES “ANY PAPER” THE RULE REQUIRES SERVICE OF NOTICE OF APPLICATION FOR DEFAULT AND REQUIRES THE COURT AND NOT THE CLERK TO ENTER A DEFAULT.  Lannquist v. Munyon, 45 Fla. L Weekly D2641 (Fla. 4th DCA November 25, 2020).…


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TRIAL COURT ABUSED DISCRETION IN GRANTING RULE 1.540(b) MOTION TO VACATE DEFAULT JUDGMENT–MOVANT FAILED TO ESTABLISH ALL THREE PRE-REQUISITES: EXCUSABLE NEGLECT, DUE DILIGENCE, OR MERITORIOUS DEFENSE.
Sep 28th, 2021 in by admin

TRIAL COURT ABUSED DISCRETION IN GRANTING RULE 1.540(b) MOTION TO VACATE DEFAULT JUDGMENT--MOVANT FAILED TO ESTABLISH ALL THREE PRE-REQUISITES: EXCUSABLE NEGLECT, DUE DILIGENCE, OR MERITORIOUS DEFENSE. Rodriguez v. Falcones, 45 Fla. L Weekly D2689 (Fla. 3rd DCA December 2, 2020): The…


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