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UNITED CAPITAL FUNDING CORP. v. TECHNAMAX, INC.

No. 2D06-2955.

946 So.2d 63 (2006)

UNITED CAPITAL FUNDING CORP., a Florida corporation, Appellant, v. TECHNAMAX, INC., a foreign corporation, and Lisa Bryan, an individual, d/b/a Technamax, Inc., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 19, 2007.

Attorney(s) appearing for the Case

Marie Tomassi and Jay M. Walker of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, PA., St. Petersburg, for Appellant.

Paul W. Hitchens and Robert W. Hitchens of Paul W. Hitchens, P.A., St. Petersburg, for Appellees.

CASANUEVA, Judge.

United Capital Funding Corp. ("United Capital") appeals the trial court's decision to vacate the default judgment entered against Lisa Bryan, d/b/a Technamax, Inc. ("Bryan"). United Capital contends that the evidence presented by Bryan was legally insufficient to sustain a finding of excusable neglect, an element that must be met in order to set aside a default judgment. After review of the record and applicable case law, we agree.

A trial...

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