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Newkirk v. Fla. Ins. Guaranty Ass'n

District Court of Appeal of Florida, Third District
Apr 1, 1985
464 So. 2d 1256 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-772.

February 19, 1985. Rehearing Denied April 1, 1985.

Appeal from the Circuit Court, Dade County, William A. Herin, J.

Wolfson Diamond and Michael J. Schwartz, Miami Beach, for appellant.

Preddy, Kutner Hardy and G. William Bissett, Miami, for appellees.

Before HENDRY, BASKIN and JORGENSON, JJ.


Under the facts herein, section 631.67, Florida Statutes (1983), did not furnish a basis for vacating the default judgment in favor of Newkirk. Appellees were required to proceed under Florida Rule of Civil Procedure 1.540(b). Appellees' motions to vacate the default judgment did not sufficiently allege excusable neglect, nor did they aver the existence of a meritorious defense. Further, the motions were not supported by affidavit or other sworn statement. See B.C. Builders Supply Co. v. Maldonado, 405 So.2d 1345 (Fla. 3d DCA 1981). Thus, the trial court erred in setting aside the judgment in favor of Newkirk.

Accordingly, we reverse and remand with directions to reinstate the judgment.

Reversed and remanded with directions.


Summaries of

Newkirk v. Fla. Ins. Guaranty Ass'n

District Court of Appeal of Florida, Third District
Apr 1, 1985
464 So. 2d 1256 (Fla. Dist. Ct. App. 1985)
Case details for

Newkirk v. Fla. Ins. Guaranty Ass'n

Case Details

Full title:SYLVIA NEWKIRK, APPELLANT, v. FLORIDA INSURANCE GUARANTY ASSOCIATION…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 1, 1985

Citations

464 So. 2d 1256 (Fla. Dist. Ct. App. 1985)

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