Norfolk Southern Corp. v. Deltina Foods, Inc.

PER'CURIAM.

The appealed final order denying appellant's motion for relief from final judgment by default is reversed upon a holding that appellant’s motion and supporting affidavits established the requisite excusable neglect, Fla.R.Civ.P. 1.540(b), as well as a meritorious defense. See North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla.1962); S.B. Partners v. Holmes, 479 So.2d 280 (Fla. 2d DCA 1985); Florida Aviation Academy v. Charter Air Center, Inc., 449 So.2d 350 (Fla. 1st DCA 1984); General Finance Corp. of Florida v. Northside Bank of Miami, 212 So.2d 917 (Fla. 3d DCA 1968).

We…