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Williams v. Stack

Noble WILLIAMS v. Edward J. STACK, as Sheriff for Broward County, Florida, and John Doe, as unknown Trustee and agent of Broward County Sheriffs Department

Williams v. Stack, 366 So. 2d 872 (Fla. Dist. Ct. App. 1979)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
January 31, 1979
Docket
No. 78-1508
Judges
Anstead, Beranek, Downey
Citations
366 So. 2d 8721979 Fla. App. LEXIS 14008
Cited by 4 1 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

This is an appeal from an order setting aside a default. The motion to set aside the default did not allege the existence of a meritorious defense, and no proof was ever submitted, other than representations of counsel, concerning any legal excuse for the failure to respond to the complaint. As such the motion and proof were insufficient to justify setting aside the default. Clark v. Roberto's, Inc., 320 So.2d 870 (Fla. 4th DCA 1975); Winter Park Arms, Inc. v. Ak- *873 erman, 199 So.2d 107 (Fla. 4th DCA 1967); Thomason v. Jernigan, 146 So.2d 905 (Fla. 1st DCA 1962). Accordingly, the order is reversed.

DOWNEY, C. J., and ANSTEAD and BERANEK, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 4 cases

View all citing references →
1980: 11982: 22025: 119802026peak 1982 · 2

Relies on it most ⓘ

  1. TIE COMMUNICATIONS v. Toyota Motors391 So. 2d 697 (Fla. Dist. Ct. App. 1980)
  2. Vanguard Group, Inc. v. Vanguard Security, Inc.409 So. 2d 1219 (Fla. Dist. Ct. App. 1982)
  3. Arranco Shoes By Carmen, Inc. v. Calzados Milady, S.L.422 So. 2d 341 (Fla. Dist. Ct. App. 1982)
  4. OLYMPUS POOLS, INC, STATEN v. 30 DAY POOLS, LLC, THE POOL CONSULTANTS, LLCNo. 2D2023-2060 (Fla. Dist. Ct. App. May 16, 2025)

Most recent

  1. OLYMPUS POOLS, INC, STATEN v. 30 DAY POOLS, LLC, THE POOL CONSULTANTS, LLCNo. 2D2023-2060 (Fla. Dist. Ct. App. May 16, 2025)
  2. Arranco Shoes By Carmen, Inc. v. Calzados Milady, S.L.422 So. 2d 341 (Fla. Dist. Ct. App. 1982)
  3. Vanguard Group, Inc. v. Vanguard Security, Inc.409 So. 2d 1219 (Fla. Dist. Ct. App. 1982)
  4. TIE COMMUNICATIONS v. Toyota Motors391 So. 2d 697 (Fla. Dist. Ct. App. 1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Winter Park Arms, Inc. v. Akerman, 199 So. 2d 107 (Fla. Dist. Ct. App. 1967) 33
Clark v. Roberto's, Inc., 320 So. 2d 870 (Fla. Dist. Ct. App. 1975) 14
Thomason v. Jernigan, 146 So. 2d 905 (Fla. Dist. Ct. App. 1962) 5

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