Bank of America, N.A. v. Lane

Appellant seeks review of the trial court’s order setting aside a default judgment against appellees based upon a finding of excusable neglect. Because the trial court acted on its own motion without ap-pellees making the required evidentiary showing of excusable neglect, a meritorious defense, and due diligence, we reverse and remand for further proceedings.

Appellant filed a complaint against ap-pellees for breach of contract, open account, and unjust enrichment relating to the purchase of a motor home. The complaint was served on appellees, both of whom resided in Santa Rosa County,…