Collins v. Collins, 519 So. 2d 729 (Fla. 2d DCA 1988). · Go Syfert
Search
Collins v. Collins, 519 So. 2d 729 (Fla. 2d DCA 1988). Cases Citing This Book View Copy Cite
13 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: Hill v. Murphy (fladistctapp, 2003-09-12)
Top citers, strongest first. 5 distinct citers.
cited Cited as authority (rule) Hill v. Murphy
Fla. Dist. Ct. App. · 2003 · confidence medium
Id. at 1064 ; Collins v. Collins, 519 So.2d 729, 730 (Fla. 2d DCA 1988); Abray Constr.
cited Cited as authority (rule) Merrill Lynch v. HALLMARK INDUSTRIES
Fla. Dist. Ct. App. · 1993 · confidence medium
Collins v. Collins, 519 So.2d 729, 730 (Fla. 2d DCA 1988); Westinghouse Elevator Co. v. DFS Construction Co., 438 So.2d 125 (Fla. 2d DCA 1983).
cited Cited "see" Warthen v. Becker
Fla. Dist. Ct. App. · 1988 · signal: see · confidence high
See Collins v. Collins, 519 So.2d 729 (Fla. 2d DCA 1988) and L.B.T.
discussed Cited "see, e.g." Geer v. Jacobsen (2×)
Fla. Dist. Ct. App. · 2004 · signal: see also · confidence medium
Unsworn assertions of excusable neglect are insufficient." DiSarrio v. Mills, 711 So.2d 1355, 1356 (Fla. 2d DCA 1998) (citations omitted); see also Collins v. Collins, 519 So.2d 729, 730 (Fla. 2d DCA 1988).
cited Cited "see, e.g." COQUINA BEACH CLUB CONDOMINIUM v. Wagner
Fla. Dist. Ct. App. · 2002 · signal: see also · confidence medium
Id. at 1047 ; see also Collins v. Collins, 519 So.2d 729, 730 (Fla. 2d DCA 1988).
James L. COLLINS, Appellant,
v.
Carolyn L. COLLINS, Appellee.
87-2070.
District Court of Appeal of Florida, Second District.
Feb 5, 1988.
519 So. 2d 729
Parker.
Cited by 11 opinions  |  Published

[*730] Jim D. Shumake of Jim D. Shumake, P.A., Naples, for appellant.

Tom Grogan, Naples, for appellee.

PARKER, Judge.

Appellant/husband seeks a review of a nonfinal order denying his motion to set aside a default and final judgment of dissolution of marriage.

The sole issue for our determination is whether the trial court erred in refusing to set aside the default final judgment.

We affirm the trial court.

A gross abuse of discretion must be shown before this court may reverse the denial of a motion to vacate a default judgment. Kapetanopoulos v. Herbert, 449 So.2d 947 (Fla. 2d DCA 1984). Here, no such abuse has been demonstrated by the appellant. The appellant has the burden to establish both excusable neglect and a meritorious defense. Excusable neglect must be proven by affidavit or other sworn statement, whereas a meritorious defense may be shown by either an unverified pleading or an affidavit. Gibraltar Service Corp. v. Lone & Associates, Inc., 488 So.2d 582 (Fla. 4th DCA 1986).

The record here is barren of any of the above instruments. The sole document before the trial court and this court is the appellant's unsworn motion to vacate the default judgment. That motion, by itself, has been deemed insufficient by this court to establish the requirements of a meritorious defense and excusable neglect necessary to vacate a default. Westinghouse Elevator Co. v. DFS Construction Co., 438 So.2d 125 (Fla. 2d DCA 1983); Abray Construction Co., Inc. v. Star Swimming Pools, Inc., 426 So.2d 1046 (Fla. 2d DCA 1983).

Based upon our holding, it is not necessary to decide the merits of appellant's defenses which were asserted in the motion to vacate.

Affirmed.

SCHEB, A.C.J., and RYDER, J., concur.