Legal Question in Civil Litigation in Florida

Re: Defense against Mot to Set Aside Default

Based on the information you have provided, it is clear that under Florida law the default should be set aside to allow the case to be litigated on the merits, as is favored by Florida courts. To set aside the default, the opposing party must prove that it acted diligently upon learning of the default, that excusable neglect was the cause of the untimely response to the complaint, and that the defendant has a meritorious defense to the lawsuit. If the defendants meet this test, the court will likely set aside the default, and, if not, the defendants will appeal and likely win on appeal. The elements for setting aside the default are a little more involved than the simple answer provided here, and you should consult with an attorney if you want to take any legal action in your case. Without meeting with you, learning more about your case and establishing an attorney-client relationship in writing, you should not take any action (or inaction) based on the general information provided on this answer. Should you have any questions or concerns you would like to discuss, feel free to call my office at 305-445-0937.