American Republic Insurance v. Westchester General Hospital

BASKIN, Judge.

In an interlocutory appeal from an order denying its motion to vacate a default judgment entered against it by the trial court, American Republic Insurance Company cites its reliance upon representations by opposing counsel that no default would be sought during the pendency of settlement negotiations. American Republic contends that the trial court’s refusal to vacate the default judgment entered without notice constituted an abuse of discretion. We agree and reverse.

We hold, as we did in Rubensteln v. Richard Fidlin Corp., 346 So.2d 89, 91 (Fla. 3d DCA 1977):

Ordinarily, a…