Civil Litigation
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Lloyds Underwriters of London v. Ruby, Inc.
26 Fla. L. Weekly D2765 (Fla. 4th DCA Nov. 21, 2001)
It is an abuse of discretion to deny a motion to set aside default where failure to timely respond to a complaint was the result of excusable neglect and the defendant showed a meritorious defense and due diligence in acting after the discovery of default. An order denying a motion to vacate a default is reviewed under an abuse of discretion standard while an order granting a motion to vacate default is reviewed under a gross abuse of discretion standard.
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