Florida Specialized Carriers, Inc. v. Tierra Construction Co.

This is an appeal from an order setting aside a final default judgment. Entitlement to that relief requires the movant to establish both excusable neglect and a meritorious defense. Kindle Trucking Co. v. Mannar Corp., 468 So.2d 502 (Fla. 5th DCA 1985). Although the appellees below alleged a meritorious defense, the trial judge did not find, nor would the record support, a finding of excusable neglect. To the contrary, the record shows that over a period of ten months, the corporation and the pro se ap-pellee consistently failed to attend court hearings and depositions and ignored the court’s…