Miami National Bank v. Barnett Bank of Miami

Miami National Bank appeals from an adverse final default judgment entered in a garnishment action in favor of Barnett Bank of Miami and an order denying motion to set aside the default judgment contending inter alia the trial court erred in refusing to set aside the default judgment under Fla.R.Civ.P. 1.500(d), 1.540(b) on the *523ground of excusable neglect. We agree and reverse.

Miami National Bank filed an answer one day late containing a meritorious defense to a writ of garnishment served on it by Barnett Bank of Miami. The late filing of the answer was occasioned by the termination of Miami…