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 plaintiff served the defendant with a complaint and a request for production on February 4, 2020. The next day, the defendant emailed the plaintiff’s attorney acknowledging service, and threatening to sue if he was not removed from the lawsuit.
Two days later, the defendant emailed the plaintiff directly, claiming that he had no involvement in the lawsuit. He also stated that his lawyers would “take care of it.” The defendant ultimately did not answer the complaint and the clerk entered a default against him.