TRINKA v. STRUNA

No. 4D04-1939.

913 So.2d 626 (2005)

Gail TRINKA, Appellant, v. William STRUNA, Appellee.

District Court of Appeal of Florida, Fourth District.

May 18, 2005.


Attorney(s) appearing for the Case

William A. Fleck of Kramer, Ali, Fleck, Hughes, Gelb & Bornstein, Jupiter, for appellant.

Lynn Waxman of Lynn Waxman, P.A., West Palm Beach, and Charles Ryan Hickman of Charles Ryan Hickman, P.A., West Palm Beach, for appellee.


WARNER, J.

The trial court set aside a default final judgment after concluding that the defendant's attorney showed excusable neglect in failing to move to set aside the default. We conclude that the attorney's actions amounted to willful conduct because he intentionally did not answer the complaint before the default was entered and failed to promptly move to set the default aside once he discovered its entry. Therefore, the order setting aside the final judgment...

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