Legal Opinion
United Capital Funding Corp. v. Technamax, Inc.
District Court of Appeal of Florida
Decided December 22, 2006No. 2D06-2955PublishedCited by 2 opinions
1Opinion of the Court
CASANUEVA, Judge.
United Capital Funding Corp. (“United Capital”) appeals the trial court’s decision to vacate the default judgment entered against Lisa Bryan, d/b/a Technamax, Inc. (“Bryan”). United Capital contends that the evidence presented by Bryan was legally insufficient to sustain a finding of excusable neglect, an element that must be met in order to set aside a default judgment. After review of the record and applicable case law, we agree.
A trial court’s decision to set aside a default judgment is reviewed for gross abuse of discretion. Benedict v. W.T. Hadlow Co., 52 Fla. 188, 42…
2Cases cited8 opinions
- Geer v. JacobsenDistrict Court of Appeal of Florida · 2004
- DiSarrio v. MillsDistrict Court of Appeal of Florida · 1998
- Benedict v. W. T. Hadlow Co.Supreme Court of Florida · 1906
- Allstate Floridian Ins. v. Ronco Invent.District Court of Appeal of Florida · 2004
- Hornblower v. CobbDistrict Court of Appeal of Florida · 2006
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3Cited by2 opinions
- CHERNOFF DIAMOND & CO., L L C v. GALLIN ASSOCIATES, INC., D/B/A GALLIN ASSOC.District Court of Appeal of Florida · 2018
- Nguyen, Nguyen v. WilliamsDistrict Court of Appeal of Florida · 2026