DeCarlo v. Hubbard

HERSEY, Chief Judge.

This appeal concerns an order denying a motion to vacate a default. The trial court declined to accept appellants’ explanation for their failure to file a responsive pleading ■ as “excusable neglect.” We agree, based upon the rationale of Somero v. Hendry General Hosp., 467 So.2d 1103 (Fla. 4th DCA), rev. denied, Hayslip v. Somero, 476 So.2d 674 (Fla.1985). The affidavit appellants submitted to the trial court failed to “allege ultimate facts so that the trial judge [could] determine the neglect in question was excusable....” Tremblay v. March, 378 So.2d 855, 856 (Fla. 4th…