Legal Opinion

Merrill-Stevens Dry Dock Co. v. Dozier

District Court of Appeal of Florida

Decided April 8, 1975No. 74-1681PublishedCited by 2 opinions

1Per curiam

Upon consideration of this interlocutory appeal by the defendant, Merrill-Stevens Dry Dock Co., from a final judgment of default entered after the circuit court denied the defendant’s motion to set aside a default for failure to timely file a pleading or paper in response to the plaintiff-appel-lees’ complaint, we find there to be reversible error.

The policy of the courts of Florida in setting aside defaults in order to permit a trial on the merits is one of liberality. North Shore Hospital, Inc. v. Barber, Fla.1962, 143 So.2d 849. Therefore, the order denying the defendant’s motion to set…

2Cases cited1 opinion

  1. North Shore Hospital, Inc. v. BarberSupreme Court of Florida · 1962

3Cited by2 opinions

  1. B/G AMUSEMENTS, INC. v. Mystery Fun HouseDistrict Court of Appeal of Florida · 1980
  2. Coon Clothing Co. v. EggersDistrict Court of Appeal of Florida · 1990

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