Peterson v. Lake Surprise II Condominium Assoc.

SCHWARTZ, Senior Judge.

We find there is clear error in each of the two post-final default judgment of foreclosure orders challenged on appeal:

1) There is no lawful basis for the order granting a Fla. R. Civ. P. 1.540(b)(1) motion for relief from the default judgment, which was based upon the mortgagee’s conscious and deliberate — but sadly mistaken — decision, made contrary to advice of counsel, that it was not necessary to answer the complaint. A conscious decision not to comply with the requirements of the law cannot be “excusable neglect” under the rule or any other equivalent requirement.…