Civil Litigation
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Conquina Beach Club Condominium Assoc., Inc. v. Wagner
27 Fla. L. Weekly D873 (April 26, 2002)
In a motion for default, the party seeking relief must establish excusable neglect, a meritorious defense, and due diligence. In establishing excusable neglect, a party must file an affidavit or sworn statement setting forth the facts and explaining the mistake or inadvertence. Due diligence is determined on a case-by-case basis and thus a party making an excusable neglect claim is entitled to be heard on the merits. It is up to the court to evaluate the extent and particular reasons for the delay. In the present case, the court added that even though the answer and affirmative defenses were not verified or sworn to, a motion to set aside a default should be viewed more favorably to the party attempting to vacate the default so that the trial can continue on its merits.
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