Legal Opinion
M.W. v. SPCP Group V, LLC
District Court of Appeal of Florida
Decided February 4, 2015No. 14-0832PublishedCited by 10 opinions
1Opinion of the CourtLogue, J.
M.W., a minor, (the “plaintiff’) appeals the decision of the trial court to set aside a clerk’s default and final judgment against SPCP Group V, LLC (the “defendant”). The plaintiff obtained the ex parte default even though he knew from pre-suit contacts with opposing counsel that the opposing party was represented by counsel and intended to defend on the merits. The issue before us is whether the trial court committed reversible error in vacating the ex parte default.
The governing standard of review allows for reversal only upon a finding of a “gross abuse of discretion.” This court has…
2Cases cited11 opinions
- North Shore Hospital, Inc. v. BarberSupreme Court of Florida · 1962
- Coggin v. BarfieldSupreme Court of Florida · 1942
- Gulf Maintenance & Supply, Inc. v. Barnett Bank of TallahasseeDistrict Court of Appeal of Florida · 1989
- Ole, Inc. v. YarivDistrict Court of Appeal of Florida · 1990
- Jar, Inc. v. Universal American RealtyDistrict Court of Appeal of Florida · 1986
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Robles v. Fed. Nat'l Mortg. Ass'nDistrict Court of Appeal of Florida · 2018
- Cardelle v. HSBC Bank USA, NADistrict Court of Appeal of Florida · 2017
- ARMANDO CARDONA v. FIRSTBANK PUERTO RICO, etc.District Court of Appeal of Florida · 2022
- Aim Recovery Services, Inc. v. WilliamsDistrict Court of Appeal of Florida · 2017
- Michael Prada v. Gustavo Pol RamirezDistrict Court of Appeal of Florida · 2024
5 more not listed; retrieve them via the Exa API.