The Third District provided a concise primer of how to vacate a default judgment in Florida under the most forgiving terms. If your client is in default or you find yourself digging clients out of default with some regularity, this is a pro-vacate decision.
As a brief primer, a default with be vacated if the defendant can establish excusable neglect for missing the deadline, reasonable diligence once the default was discovered, and a meritorious defense. The Second District has recognized an alternative method under a two-step process set forth in Makes & Models v. Offset Printing.
The case is 205 Jacksonville, LLC v. A-Affordable Air, LLC. The facts are unimportant, suffice it to say a default judgment was entered and reversed. Here’s how the court addressed the three-part test, above:
1. EXCUSABLE NEGLECT: attorney failing to calendar deadline has been the accepted “dog ate my homework” excuse in Third and Fourth Districts.
2. MERITORIOUS DEFENSE: if a party is facing a clerk’s default, a general denial (which appears to include conclusory assertions) in a verified motion to dismiss will qualify. Once a party is facing a default judgment, allegations of ultimate facts must be set forth. In this case, a verified motion to vacate which had detailed facts and a unequivocal denial of liability was deemed the same as a motion with an accompanying unverified answer denying liability.
3. DILIGENCE: this case involved a party moving to vacate one day after learning of the clerk’s default. Another cited case involved two days. Unclear if it has to be that swift.