Howard v. Florida Department of Health & Rehabilitative Services , 589 So. 2d 1018 ( 1991 )


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  • PER CURIAM.

    We reverse the order denying the vacation of a default judgment entered in a child dependency case. There is record evidence appellants did not receive notice of the calendar call which they failed to attend; thus excusable neglect was demonstrated. See Dubois v. Fried, 378 So.2d 1350 (Fla. 3d DCA 1980). Moreover, the asserted defense that the corporal punish*1019ment appellants administered did not amount to abuse was a meritorious defense for purposes of setting aside a default. See In Interest of D.S., 492 So.2d 797 (Fla. 2d DCA 1986).

    Reversed and remanded.

Document Info

Docket Number: No. 90-973

Citation Numbers: 589 So. 2d 1018

Judges: Cope, Nesbitt, Schwartz

Filed Date: 11/26/1991

Precedential Status: Precedential

Modified Date: 7/29/2022