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Default Set Aside  – Fourth District Holds Document Coding Error Causing Defendant to Miss Multiple Filings Constitutes Excusable Neglect

In Wiggins v. Brightview Landscape Services, Inc., 4D21-1886 (Fla. 4th DCA March 16, 2022), the court reversed an order denying a motion to vacate default, finding an error in coding the plaintiff’s complaint, which cause the defendant to miss multiple filings, constituted excusable neglect. The court noted that a “clerical and systems error” caused coding of the plaintiff’s personal injury action to be the same as a related worker’s compensation matter. The appellate court found that the default should be set aside because the defendant did not intentionally ignore the filings and nothing indicated a recurring problem. Read more here.


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