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Fourth District Reverses Final Default Judgment Where Meritorious Defenses Are Raised

In Wolf v. Peter M. Hashaby, P.A., the Fourth District overturned the entry of a default final judgment because the defendants demonstrated excusable neglect, meritorious defenses, and due diligence. The trial court found that defendants failed to demonstrate excusable neglect for their attorney’s failure to attend a case management conference based on the history of the case, which included a previous default. In addition, despite having filed an answer that included 23 affirmative defenses, the trial court found that defendants had not demonstrated the existence of meritorious defenses. The Fourth District disagreed and held that the attorney’s affidavit adequately demonstrated excusable neglect and that the affirmative defenses established meritorious defenses. Read more here.

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