Serrano v. Ayala

Full title: NORIS YOLANDA SERRANO, Appellant, vs. EDUARDO AYALA, et al., Appellees

Court: District Court of Appeal of Florida, Third District

Date published: Apr 7, 1999

728 So. 2d 1231 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2050

Opinion filed April 7, 1999. JANUARY TERM, A.D., 1999

An Appeal from the Circuit Court for Miami-Dade County, Eleanor Schockett, Judge, L.T. No. 97-24439.

Conroy, Simberg Ganon, and Hinda Klein (Hollywood), for appellant.

Ginsberg Schwartz, and Allan S. Zamren, for appellees.

Before GERSTEN, GODERICH, and GREEN, JJ.

PER CURIAM.

Appellant, Noris Yolanda Serrano ("defendant"), appeals an order denying her motion to vacate a default obtained by Eduardo Ayala ("plaintiff") in an action for damages arising from an automobile accident. We reverse finding that the default should have been set aside because the plaintiff knew the defendant intended to defend the lawsuit, and because the default was not due to the defendant's gross negligence. See Levante v. Corallo, 688 So.2d 427 (Fla. 3d DCA 1997);Ole, Inc. v. Yariv, 566 So.2d 812 (Fla. 3d DCA 1990).

Reversed.