Legal Opinion

Nivcab, Inc. v. Accord Insurance Network of America, Inc.

District Court of Appeal of Florida

Decided December 23, 2009No. 4D09-1854PublishedCited by 2 opinions

1Per curiam

NIVCAB, Inc. appeals a circuit court order vacating an entry of default judgment against Thomas Kane. We affirm.

In North Shore Hospital, Inc. v. Barber, 143 So.2d 849, 852 (Fla.1962), the Florida Supreme Court explained that a “showing of gross abuse of a trial court’s discretion is necessary on appeal to justify reversal of the lower court’s ruling on a motion to vacate.” In attempting to define the heightened requirement of “gross abuse,” we have determined that appellate judges “should be as deferential to a trial judge’s decision vacating a default as [we] can possibly be, upsetting it…

2Cases cited2 opinions

  1. North Shore Hospital, Inc. v. BarberSupreme Court of Florida · 1962
  2. BETHESDA MEMORIAL HOSP., INC. v. LaskaDistrict Court of Appeal of Florida · 2008

3Cited by2 opinions

  1. M.W. v. SPCP Group V, LLCDistrict Court of Appeal of Florida · 2015
  2. M.W. v. SPCP Group V, LLCDistrict Court of Appeal of Florida · 2015

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