What To Do If A Court Issues A Default Judgment Against You In A Florida Insurance Case
What To Do If A Court Issues A Default Judgment Against You In A Florida Insurance Case May 5, 2022 As a general legal principle, if somebody files a lawsuit against you, and you fail to respond in any way, the trial court has the authority to enter a default judgment for the plaintiff. But even after a default judgment is entered, the defendant can still ask to set it aside based on grounds of “excusable neglect” under Florida law. The defendant must also show they have a “meritorious defense” to the underlying lawsuit and acted with “due diligence” to set aside the default. Clerical Error Leads to Insurance Company Missing Judge’s Deadline A recent decision from the Florida Third District Court of Appeal, Universal Property & Casualty Insurance Company v. Dimanche, illustrates how these rules work in practice. This is an ongoing lawsuit over insurance coverage. The defendant issued a homeowners’ policy to the plaintiffs. The plaintiffs filed a claim for damage to their property. The defendant did not pay. The plaintiffs subsequently filed a lawsuit, seeking approximately $65,000 in damages to repair their home. After filing the initial complaint, however, neither party took any action to move the lawsuit along. The trial court, on its own initiative, directed the plaintiffs to file a motion for entry of a default within 10 days. They failed to do so. The same day the judge issued his order to the plaintiffs, the defendants appeared and filed a motion to dismiss. The judge denied this motion and ordered the defendant to file an answer to the lawsuit within 7 days or face default. Unfortunately, a legal assistant in the defendant’s office failed to put the deadline on their calendar, and so it passed without an answer. The judge then entered a default against the defendant. The Third District held that default was not appropriate in this situation. The assistant’s calendaring error was a case of “excusable neglect.” The defendant also had a “meritorious defense” to the plaintiffs’ lawsuit. Specifically, the defendant said the damage claimed by the plaintiffs was not a “covered peril” under their homeowner’s policy. Finally, the defendant acted with due diligence to set aside the default. The Third District therefore returned the case to the trial court for further proceedings on the merits of the lawsuit. Speak with an HD Law Partners Attorney Today In any legal proceeding–whether you are the plaintiff or the defendant–it is critical that you follow all court deadlines and assert your rights in a timely manner. Litigation is never something to treat casually or lightly. In particular, insurance disputes are governed by a complex array of rules and procedures. Even the most experienced party may slip up, as the case above illustrates, which is why it is all the more essential to work with an experienced Tampa insurance attorney that specializes in this type of litigation. HD Law Partners today if you want to work with attorneys’ who have over 40 years of combined experience assisting clients in insurance matters. Source: https://scholar.google.com/scholar_case?case=813-253-5333890634316 Posted in Insurance Litigation | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us