Legal Opinion

West v. Michele Pommier Models, Inc.

District Court of Appeal of Florida

Decided October 30, 1996No. 96-573PublishedCited by 1 opinion

1Per curiam

This is an appeal from the denial of appellant’s motion to vacate a default and default judgment entered pursuant thereto as well as a motion for rehearing. We reverse upon our finding in the record that appellant established both excusable neglect for not timely responding to the complaint and a meritorious defense to the action. Furthermore, he responded diligently upon learning of the default and default judgment. E.g., Sanchez v. Horrell, 660 So.2d 366, 367 (Fla. 4th DCA 1995); Inter-Atlantic Ins. Servs., Inc. v. Hernandez, 632 So.2d 1069 (Fla. 3d DCA 1994). Given the well established…

2Cases cited3 opinions

  1. North Shore Hospital, Inc. v. BarberSupreme Court of Florida · 1962
  2. Hanft v. ChurchDistrict Court of Appeal of Florida · 1996
  3. INTER-ATLANTIC INS. v. HernandezDistrict Court of Appeal of Florida · 1994

3Cited by1 opinion

  1. Thomas v. FeinbergDistrict Court of Appeal of Florida · 1999

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