Coniglio v. Wildwood Healthcare, Inc.

Full title: C. JOHN CONIGLIO, as Personal Representative of the Estate of EVA O'NEAL…

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 7, 2000

755 So. 2d 775 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D99-2789.

Opinion filed April 7, 2000.

Non-Final Appeal from the Circuit Court for Sumter County, Hale R. Stancil, Judge.

Robert E. Austin, Jr., and Bradford D. Fisher of Austin Pepperman, Leesburg, for Appellant.

David B. Moffett of Rissman, Weisberg, Barrett, Hurt Donahue McLain, P.A., for Appellee.

ORFINGER, M., Senior Judge.

We find no gross abuse of discretion in the trial court's determination to set aside the default and final judgment entered subsequent thereto where the record demonstrates excusable neglect and the assertion of a meritorious defense. See North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla. 1962).

AFFIRMED.

COBB and HARRIS, J.J., concur.