Rosado v. Last Great American Enterprises, Inc.

DAUKSCH, Judge.

This is an appeal from an order denying relief under Florida Rule of Civil Procedure 1.540.

*422Because appellant has set forth sufficient grounds to demonstrate excusable neglect and has asserted a meritorious defense we reverse the order denying the motion to set aside the final judgment and default.

Briefly, the facts are that appellant served his pro se answer by mail one day prior to the date the clerk of the court erroneously advised him was the due date of filing with the court. The original answer was received in the clerk’s office on the day after service in compliance with…