Setting Aside A Default Judgment In Florida
Description
How to fill out Motion To Set Aside Entry Of Default And Default Judgment?
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FAQ
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been ...
Final judgments issued in Florida are the culmination of a lawsuit. They can come at the end of the process from a trial or beforehand through certain procedural mechanisms like default or summary judgment or from an unperformed settlement agreement.
A common summary of the rules for setting aside (excusing) a default is frequently quoted by Florida appellate courts: A party attempting to set aside a clerk's default must demonstrate excusable neglect, a meritorious defense, and due diligence in order for the trial court to vacate the default.
Rule 1.500(d) of the Florida Rules of Civil Procedure provides: ?The Court may set aside a default, and if a final judgment consequent thereon has been entered, the Court may set it aside in ance with Rule 1.540(b) of the Florida Rules of Civil Procedure.?
Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case. To obtain a default, you will need to complete Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a).