BANK OF AMERICA, N.A. v. LANE

No. 1D11-609.

76 So.3d 1007 (2011)

BANK OF AMERICA, N.A., Appellant, v. Nancy A. LANE and Robert G. Lane, Appellees.

District Court of Appeal of Florida, First District.

November 30, 2011.


Attorney(s) appearing for the Case

Amy J. Winarsky of Marcadis Singer, P.A., Tampa, for Appellant.

Ryan M. Barnett of Whibbs & Stone, P.A., Pensacola, for Appellees.


SWANSON, J.

Appellant seeks review of the trial court's order setting aside a default judgment against appellees based upon a finding of excusable neglect. Because the trial court acted on its own motion without appellees making the required evidentiary showing of excusable neglect, a meritorious defense, and due diligence, we reverse and remand for further proceedings.

Appellant filed a complaint against appellees for breach of contract, open account, and...

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