Opinion
No. 90-973.
November 26, 1991.
Appeal from the Circuit Court, Dade County, Bruce D. Levy, J.
Lenore Syzyn, Miami, for appellants.
Robin Greene, Shutts Bowen and Gail Allen and Alan I. Mishael, Miami, for appellees.
Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.
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 punishment 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.