Royal Caribbean Cruises, Ltd. v. Traveler

The defendant, Royal Caribbean Cruises, Ltd. [Royal Caribbean], appeals from an order denying its motion to set aside a default judgment in favor of the plaintiff, Thomas S. Traveler. We reverse.

Regardless of whether Royal Caribbean’s indemnitor did not receive the forwarded complaint because it was misaddressed or whether the indemnitor did, in fact, receive the forwarded complaint but mishandled it, we find that either scenario constitutes excusable neglect. See Venero v. Balbuena, 652 So.2d 1271, 1272 (Fla. 3d DCA 1995)(holding that insured who forwarded complaint to insurer that either…