AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

WINN DIXIE STORES, INC., APPELLANT, v. ALICE DANIELSEN, APPELLEE.

PER CURIAM.

This is an appeal of a non-final order denying a motion for rehearing and denying a motion to vacate a default. We reverse.

The defendant/appellant, Winn Dixie, established by affidavits that the default was due to secretarial error constituting excusable neglect; that meritorious defenses exist as set forth in the answer to the complaint; and that Winn Dixie showed due diligence in seeking relief on the same day the default was discovered. Therefore the trial court's refusal to set aside the default constituted an abuse of discretion. Broward County v. Perdue, 432 So.2d 742 (Fla. 4th DCA 1983).

REVERSED AND REMANDED for further proceedings consistent herewith.

HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.

Use AI to get other relevant cases.

Comments

WINN DIXIE STORES, INC. v. DANIELSEN
(Jun 27, 1989)