Airmark Engines, Inc. v. Airpark Aviation, Inc.

A defendant’s excuse for not responding timely to a validly served complaint must be established by proof, not by unsworn argument. Bil-Jax Inc. v. Williamson, 497 So.2d 1350 (Fla. 4th DCA 1986); Gibraltar Service Corp. v. Lone and Associates Inc., 488 So.2d 582 (Fla. 4th DCA 1986); C.E. Peters Landclearing Inc. v. Gossington, 487 So.2d 319 (Fla. 4th DCA), rev. denied, 496 So.2d 142 (Fla.1986); Hall v. Byington, 421 So.2d 817 (Fla. 4th DCA *10331982); and Yu v. Weaver, 364 So.2d 539 (Fla. 4th DCA 1978). The usual form of this proof is an affidavit, but testimony at the hearing will also do.

Her…