Fourth DCA Case: Setting Aside Default Judgment

Have you received notice (or not received notice) of a pending   default judgment in a case to which you are a party? Do you know how to set aside a default judgment? You may want to see a case out of the Fourth District Court of Appeals where a wife appealed a default judgment and won!

Default Judgment

• Do you know what a default judgment is?
• When a party wants to institute a lawsuit they will file a complaint and personally servethe Defendant.
• The Defendant will then have to answer the complaint or file a motion regarding the complaint.
• If a party fails to file an answer or appropriate motion in due time a party may file for adefault judgment.
• Did you know a party could file for default judgment even if the party has answered a complaint; any failure to respond might be grounds for such a filing.
• A default is not an absolute death sentence though; did you know you could motion to set aside such a default?
• Do you know how to file such a motion and what you will need to show the court.
• Experienced Palm Beach probate litigators know there are several ways that you can set aside a default judgment.

Bisel v. Bisel: Setting Aside a Default Judgment

• The two most common ways to set aside a default judgment are improper notice / service and excusable neglect.
• The former wife in this action appealed an order denying her motion to set aside a default judgment.
• The Court ultimately agreed that notice was insufficient and on appeal the default was set aside.
• Do you know how to properly personally serve someone in Florida?
• Failure to file and serve a complaint properly in West Palm Beach could lead a default judgment being set aside.

Want to learn even more?

Check out the entire case by clicking here!