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The Motion For Judicial Default Florida Sample With Set Aside you see on this page is a reusable legal template drafted by professional lawyers in compliance with federal and regional regulations. For more than 25 years, US Legal Forms has provided people, businesses, and legal professionals with more than 85,000 verified, state-specific forms for any business and personal occasion. It’s the quickest, easiest and most reliable way to obtain the documents you need, as the service guarantees the highest level of data security and anti-malware protection.
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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.
To have a default vacated, the movant must demonstrate excusable neglect in failing to file a responsive pleading, due diligence upon learning of the entry of the default, and existence of a meritorious defense.
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).
To have a default vacated, the movant must demonstrate excusable neglect in failing to file a responsive pleading, due diligence upon learning of the entry of the default, and existence of a meritorious defense.
Grounds for Vacating a Final Judgment Mistakes, inadvertence, surprise, or excusable neglect; Newly discovered evidence that could not have been reasonably discovered previously; Fraud, misrepresentation, or other misconduct of an adverse party; The judgment is void; or.