Niki Unlimited, Inc. v. Legal Services of Greater Miami

(specially concurring).

Niki Unlimited, Inc. [Niki] seeks what is, in essence, a judicial pardon for its failure to appear and defend against the entry of an award of attorney’s fees pursuant to section 57.105, Florida Statutes (1983). Describing its conduct as excusable neglect, and maintaining that it possessed a meritorious defense, Niki relied on Florida Rule of Civil Procedure 1.540(b) for relief. The majority opinion holds that rule 1.540(b) is inappropriate in the absence of either a default judgment or the assertion of a due process violation. In my opinion, however, rule 1.540…