Florida Motion to Set Aside Entry of Default and Default Judgment

State:
Multi-State
Control #:
US-01704BG
Format:
Word; 
Rich Text
Instant download

Description

In deciding whether to set aside a default judgment, courts seek to balance two competing interests: (1) the need to promote judicial economy; and (2) the need to preserve an individual's right to defend on the merits. Therefore, in addition to the requirement that defendant show that the judgment was entered through excusable neglect or another statutory ground, the court will consider a variety of factors, including:


the nature and extent of the prejudice which may be suffered by the non-defaulting party if the default is set aside;
2. the presence of material issues of fact;
3. the presence of a meritorious defense to the claim;
4. the significance of the interests at stake, including, but not limited to, the amount of money involved;
5. whether the failure to answer was intentional or willful or the result of conscious indifference;
6. whether party or counsel bears responsibility for default; and the availability of less drastic sanctions.

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FAQ

Motions for rehearing must be filed within fifteen (15) days after the date the final order or judgment was filed. Late motions will be denied as untimely.

A party may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party. The movant must serve the motion for summary judgment at least 40 days before the time fixed for the hearing.

Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.

A motion for rehearing en banc is filed under Florida Rule of Appellate Procedure 9.331(d). It asks the full court ? meaning all appellate judges serving on that appellate court, not just the three judges who decided the case ? to review the opinion and consider it, as a full court.

A motion for rehearing shall state with particularity the points of law or fact that, in the opinion of the state, the court has overlooked or misapprehended in its decision, and shall not present issues not previously raised in the proceeding. A response may be filed within 10 days of service of the motion.

77.081 - Default; Judgment. (1) If the garnishee fails to answer as required, a default shall be entered against him or her. (2) On the entry of judgment for plaintiff, a final judgment shall be entered against the garnishee for the amount of plaintiff's claim with interest and costs.

Grounds for Filing a Motion for Reconsideration in Florida These include: Legal errors or mistakes made by the court: If you believe the court made a mistake in its interpretation or application of the law, you may file a motion for reconsideration to correct the error.

You can tell the court: ?the reason why you didn't file a defence within 28 days. if relevant, the reason why you delayed applying to set aside the default judgment. that you have a bona fide (genuine) defence. You must provide some facts to the court that show your proposed defence is reasonably arguable.

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Florida Motion to Set Aside Entry of Default and Default Judgment