Bil-Jax, Inc. v. Williamson

GUNTHER, Judge.

We affirm the trial court’s order denying Bil-Jax, Inc.’s (Bil-Jax) motion to vacate a final judgment on default. The trial court did not grossly abuse its discretion in denying the motion because the movant failed to show facts necessary to support a finding of excusable neglect by the insurer’s New York attorney.

In the instant case, the New York attorney of Bil-Jax’s insurer failed to assign a Florida counsel to defend this lawsuit. As a result, no responsive pleadings were filed and a default and final judgment were entered against Bil-Jax.

On motion to vacate final judgment…