Amex International, Inc. v. Kunde

A party seeking to set aside a default has the burden in the trial court of establishing excusable neglect and the existence of a meritorious defense. Jerry’s Pizza King International v. Peoples Acceptance Corp., 435 So.2d 393 (Fla. 5th DCA 1983). On appeal from the trial court’s ruling, reversal is proper only upon a showing of a gross abuse of discretion. North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla.1962).

The defendant presented the affidavit of its registered agent who averred that she was served with the plaintiffs complaint on or about April 1,1997 and forwarded it to the…