Jerome SCHWARTZ, Appellant,
v.
BUSINESS CARDS TOMORROW, INC., a Delaware Corporation, Appellee.
District Court of Appeal of Florida, Fourth District.
Keith A. Seldin of Keith A. Seldin & Associates, P.A., Jupiter, for appellant.
G. Bart Billbrough and Geoffrey B. Marks of Walton Lantaff Schroeder & Carson, Miami, for appellee.
POLEN, Judge.
Jerome Schwartz appeals the trial court's order denying his motions to vacate the default entered on February 9, 1993, and the default final judgment entered on June 18, 1993. Appellant's motions were not filed until July 30, 1993.
Pursuant to Florida Rule of Civil Procedure 1.540(b), in setting aside a default, the trial court must determine inter alia (1) whether the defendant has demonstrated excusable neglect in failing to respond; (2) whether the defendant has demonstrated a meritorious defense; and (3) whether the defendant, subsequent to learning of the default, has demonstrated due diligence in seeking relief. Schneiderman v. Cantor,
Appellee has conceded that it was premature to enter the default final judgment. Accordingly, we reverse and remand for further proceedings consistent with this opinion.
AFFIRMED IN PART; REVERSED AND REMANDED IN PART.
STONE and STEVENSON, JJ., concur.
