RECENT NEWS

MMP&S Secures a Favorable Appellate Ruling on Due Process Grounds

MMP&S partner Crystal L. Arocha secured a favorable appellate ruling from the State of Florida, Fourth District Court of Appeal, overturning the trial court’s rulings on due process grounds.  In the lower court, which entire duration was about 30 days, the defendant, a single mother of one-year-old twins, (then pro se) was 5-10 minutes late for the start of her lightning-set trial, due to her babysitter being late to arrive at her home.   She had been sued in the wrong venue, and drove the 1 ½ hours to the Palm Beach County Courthouse (she is a Broward resident).  She arrived about 5-10 minutes late, and literally found the courtroom doors locked.  After being unable to contact the Judge or Judicial Assistant while in the courthouse, she immediately filed a motion in the courthouse, which was docketed within 58 minutes of the trial start time, and filed a further motion immediately after a judgment was entered against her for the ‘failure’ to appear.  Despite a third motion filed 13 days later through defense counsel, accompanied by multiple sworn affidavits, and her meritorious defenses having been filed on the record, the trial court summarily denied all of her motions without a hearing and without any stated basis for denial.  The appellate court agreed with the defense/appellant that the sworn affidavits and motions demonstrated excusable neglect (the late babysitter), due diligence (three motions filed in less than 13 days, including sworn affidavits unrefuted in the record), and filed meritorious defenses (including the improper venue issue).   The appellate court held that the lower court errantly denied the motions and found an abuse of discretion, remanding for an evidentiary hearing on the sworn motion to set aside the default judgment, advising if defendant meets her burden, the verdict “shall” be set aside.

Practice Areas:  Appellate Practice