Civil Litigation
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Lehner v. Durso
27 Fla. L. Weekly D1106 (Fla. 4th DCA May 17, 2002)
Pursuant to Fla. R. Civ. Pro. 1.540(b), in setting aside a default, the trial court must determine inter alia (1) whether the defendant has demonstrated excusable neglect in failing to respond; (2) whether the defendant has demonstrated a meritorious defense; and (3) whether the defendant, subsequent to learning of the default, has demonstrated due diligence in seeking relief. The motion to set aside the default must be denied if the defendant fails to satisfy any of these elements. Gross neglect is not excusable.
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