DeLisi v. Bankers Insurance Co.
District Court of Appeal of Florida
1Opinion of the Court
HERSEY, Judge.
Appellant’s abortive attempt below to set aside and vacate a default judgment results in this appeal.
The courts of Florida are committed to a liberal policy in relieving parties of the consequences of a default, preferring that jus-ticiable issues be decided on the merits. See, e.g., County National Bank of North Miami Beach v. Sheridan, Inc., 403 So.2d 502 (Fla. 4th DCA 1981). A trial court’s refusal to vacate a default creates a tension on appeal between this principle and the caveat that the trial court may be found to have grossly abused its discretion only where no…
2Cases cited4 opinions
- CTY. NAT. BANK OF NORTH MIAMI BEACH v. Sheridan, Inc.District Court of Appeal of Florida · 1981
- Abray Construction Company, Inc. v. Star Swimming Pools, Inc.District Court of Appeal of Florida · 1983
- Farmers Products, Etc. v. Emperador SeafoodsDistrict Court of Appeal of Florida · 1982
- Bludworth v. LallyDistrict Court of Appeal of Florida · 1982
3Cited by4 opinions
- Somero v. Hendry General Hosp.District Court of Appeal of Florida · 1985
- Moore v. PowellDistrict Court of Appeal of Florida · 1985
- Ghaltchi v. Kilbride International Leasing & Investment Co.Circuit Court for the Judicial Circuits of Florida · 1990
- Hohl v. CohenDistrict Court of Appeal of Florida · 1986