Fifth DCA Case: Setting Aside a Default Judgment (July 6, 2015)

Are you currently being sued for tortious interference  with an expectancy or inheritance interest? Have you been slapped with a default judgment? In certain circumstances you could end up paying a judgment you never even argued against! Protect your rights and learn how to set aside a default and/or default judgment. Check out this new case out of the Fifth District Court of Appeal and learn more.

Default Judgments / Entry of Defaults

• An entry of default is not the same as a default judgment.
• Do you know the difference?
• In West Palm Beach if you fail to answer a complaint or any other document with a deadline the clerk may enter a default on the docket.
• That simply indicates that you are behind the ball, but the other side now has a right to pursue a default judgment.
• In fact if you have not submitted anything to the court this can be done without giving you any notice.
• What does this allow the other party to do?
• They can get that default judgment and collect on it!
• There are ways to get around this though.
• Experienced Palm Beach probate litigators know that a default judgment can be set aside because of excusable neglect, lack of notice and some other reasons.
• Are you prepared to prove that?

Todd et. Al. v. Citimortgage

• This was an appeal from the Fifth District Court of Appeals by a couple seeking to set aside judicial defaults entered against them.
• Note this was not a default judgment just an entry of default.
• There argument was that they had no notice.
• Unfortunately that was not enough because the court ruled that this was a non final order and could not be appealed.
• So they will have to wait for the default judgment and appeal then.
• Who could set aside this appeal?
• The West Palm Beach trial court, that’s who.

Want to learn more?

Check out the entire case by clicking here.