No. 93-2085 | Fla. Dist. Ct. App. | Feb 25, 1994
This is an appeal from an order setting aside a final default judgment. Entitlement to that relief requires the movant to establish both excusable neglect and a meritorious defense. Kindle Trucking Co. v. Mannar Corp., 468 So. 2d 502" date_filed="1985-05-09" court="Fla. Dist. Ct. App." case_name="Kindle Trucking Co. v. Marmar Corp.">468 So.2d 502 (Fla. 5th DCA 1985). Although the appellees below alleged a meritorious defense, the trial judge did not find, nor would the record support, a finding of excusable neglect. To the contrary, the record shows that over a period of ten months, the corporation and the pro se ap-pellee consistently failed to attend court hearings and depositions and ignored the court’s order to answer the amended complaint.
An order setting aside a final judgment in the absence of any evidence demonstrating excusable neglect constitutes a gross abuse of discretion mandating reversal. Sterling Drug, Inc. v. Wright, 342 So. 2d 503" date_filed="1977-02-03" court="Fla." case_name="Sterling Drug, Inc. v. Wright">342 So.2d 503 (Fla.1977); Tire Kingdom, Inc. v. Bowman, 480 So. 2d 221" date_filed="1985-12-26" court="Fla. Dist. Ct. App." case_name="Tire Kingdom, Inc. v. Bowman">480 So.2d 221 (Fla. 5th DCA 1985); TPM Constructors, Inc. v. Twin Coast Tile, Inc., 425 So. 2d 580" date_filed="1982-12-22" court="Fla. Dist. Ct. App." case_name="TPM Constructors, Inc. v. Twin Coast Tile, Inc.">425 So.2d 580 (Fla. 5th DCA), review denied, 434 So.2d 889 (Fla.1983). On remand, the trial court is instructed to reinstate the final judgment.
REVERSED and REMANDED with instructions.