Ewing Industries, Inc. v. Miami Wall Systems, Inc.

This is an appeal of the denial of a motion to vacate a default entered in a contract action. We reverse.

The trial court erred in denying vacation of the default because not only was the default entered without notice to appellant, but appellant’s failure to respond to the motion for default was excusable since it was caused by confusion as a result of the pendency of two cases involving the same matter and parties in two different circuits. Moreover, where a party believes his rights are protected in a related action in a different forum and thus fails to answer a complaint in a subsequently…