In NYC CONSTRUCTION GROUP, INC., v. ANIEL JEROME, 2022 WL 301677 (Fla. 2d DCA Feb. 2, 2022), the court overturned the trial court’s finding, and resulting final judgment, that a calendaring error did not constitute excusable negligent. The decision reiterated the procedural requirements for obtaining relief and explained that Rule 1.540(b)(1), Fla. R. Civ. P., permits a final judgment to be set aside where there is excusable neglect, such as a calendaring error, which “is found where inaction results from clerical or secretarial error, reasonable misunderstanding, a system gone awry or any other of the foibles to which human nature is heir.” For more, read the full case here.
Contact Kubicki Draper’s Appellate and Litigation Support Team at info@kubickidraper.com if you need assistance vacating a default or and default final judgment.
