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HOUSEHOLD FINANCE CORP., III v. MITCHELL

Nos. 1D10-0304, 1D10-0307.

51 So.3d 1238 (2011)

HOUSEHOLD FINANCE CORPORATION, III, Appellant, v. Henry Fred MITCHELL, Sr., David W. Padot, Sr., and Mary Ann Padot, his wife; any and all Unknown Parties Claiming by, Through, Under, or Against the Herein Named Individual Defendant(s) Who are Not Known to be Dead or Alive, Whether Said Unknown Parties May Claim an Interest as Spouses, Heirs, Devisees, Grantees or Other Claimants; John Doe and Jane Doe as unknown tenants in possession, and Anne Barnett; United States of America; and The Riverwalk of Fanning Springs Homeowners Association, Inc., Appellees.

District Court of Appeal of Florida, First District.

January 19, 2011.

Attorney(s) appearing for the Case

Noel Joy Vandenhouten and Elyce Schweitzer of the Law Offices of Marshall C. Watson, P.A., Fort Lauderdale; J. Cameron Story, III and Jay B. Watson of the Law Office of Cameron Story, P.A., Jacksonville, for Appellant.

Michael S. Smith of Smith, Smith & Parker, Perry; Ronald E. Cotterill of Wetherington, Hamilton, Harrison, Fair, P.A., Tampa; Paul Alan Sprowls , United States Attorney's Office, Tallahassee; Jennifer J. Ellison , Cross City, for Appellees.

PER CURIAM.

We reverse the trial court's denial of the appellant's motion to vacate the default judgment entered against it in the foreclosure proceedings below. Because we conclude that the appellant raised one or more meritorious defenses, and because the trial court found that it met the other prerequisites for granting the motion, we reverse and remand for entry of an order vacating the default.

H.F. Mitchell...

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