17 Fla. L. Weekly Supp. 428b
Online Reference: FLWSUPP 1706PERSInsurance — Default — Vacation — Denial — No error in refusing to set aside default where insurer did not prove excusable neglect or undertake due diligence in seeking relief from default
UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. YOUGEETA PERSAUD, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 08-31878 (08). L.T. Case No. 07-8183 COCE 53. August 14, 2009. Counsel: Lara J. Edelstein, Miami. Gary Marks, Fort Lauderdale. Roberts J. Bradford, Johnson City, Tenn.
OPINION
[Editor’s note: County court order published at 15 Fla. L. Weekly Supp. 843c.]
(PER CURIAM.) AFFIRMED. A reasonable, credible explanation that has a factual basis is required to set aside a default judgment. Somero v. Hendry General Hospital, 467 So.2d 1103, 1105 (Fla. 4th DCA 1985). Here, no reasonable or credible explanation was provided. When deciding whether to set aside a default, the trial court must determine (1) whether the defendant has demonstrated excusable neglect in failing to respond; (2) whether the defense has demonstrated a meritorious defense; and (3) whether the defendant, subsequent to learning of the default, has demonstrated due diligence in seeking relief. Halpern v. Houser, 949 So.2d 1155, 1156 (Fla. 4th DCA 2007). Additionally, the failure of a party to satisfy any one of the three elements must result in a denial of the motion to set aside the default. Id. In the instant case, two of these three requirements were not met. It is clear from the record in the instant case that Appellant did not prove excusable neglect and did not undertake due diligence in seeking relief. (ROTHSCHILD, J.)
