From Casetext: Smarter Legal Research

Roney Plaza Assoc. v. Henry

District Court of Appeal of Florida, Third District
Jul 2, 2003
848 So. 2d 436 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D02-1677

Opinion filed July 2, 2003.

An Appeal from the Circuit Court for Miami-Dade County, Margarita Esquiroz, Judge. Lower Tribunal No. 01-21420.

Stearns Weaver Miller Weissler Alhadeff Sitterson, and Alan H. Fein, and Anastasia I. Kokotis, for appellant.

Robert C. Maland; Philip D. Parrish, for appellees.

Before LEVY, GERSTEN, and GREEN, JJ.


Appellant, Roney Plaza Associates, Ltd. ("Roney"), appeals from the denial of its motion to vacate judgment and default. The record reflects that Roney demonstrated a meritorious defense to the action, established excusable neglect for its failure to respond to the complaint and notice of trial, and acted with due diligence in moving to set aside the default judgment. Thus it was error for the trial court to refuse to set aside the default, and we reverse the order denying Roney's motion to vacate judgment and default. See North Shore Hosp., Inc. v. Barber, 143 So.2d 849 (Fla. 1962); Royal Caribbean Cruises, Ltd. v. Traveler, 699 So.2d 847 (Fla. 3d DCA 1997); Electric Engineering Co., Inc. v. General Elec. Can., Inc., 610 So.2d 51 (Fla. 3d DCA 1992).

Reversed.


Summaries of

Roney Plaza Assoc. v. Henry

District Court of Appeal of Florida, Third District
Jul 2, 2003
848 So. 2d 436 (Fla. Dist. Ct. App. 2003)
Case details for

Roney Plaza Assoc. v. Henry

Case Details

Full title:RONEY PLAZA ASSOCIATES, LTD., Appellant, v. ANTHONY HENRY and LYNETTE…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 2, 2003

Citations

848 So. 2d 436 (Fla. Dist. Ct. App. 2003)