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Johnathan PROENZA, Appellant, v. SUNTRUST BANKS, N.A., Appellee.

District Court of Appeal of Florida, Third District2019-01-16No. No. 3D18-687
263 So. 3d 225

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Opinion

majority opinion

PER CURIAM.

Affirmed. See B. C. Builders Supply Co. v. Maldonado, 405 So.2d 1345 (Fla. 3d DCA 1981) (There exists a long standing policy of liberality toward vacating of defaults and that a showing of gross abuse of a trial courts discretion is necessary on appeal to justify reversal of the lower courts ruling on a motion to vacate a default.); M.W. v. SPCP Group V, LLC, 163 So.3d 518 (Fla. 3d DCA 2015) (Indeed, the Florida Supreme Court has emphasized that if there is any reasonable doubt in the matter [of vacating a default], it should be resolved in favor of granting the application and allowing a trial upon the merits of the case.) (citing N. Shore Hosp., Inc. v. Barber, 143 So.2d 849, 852 (Fla. 1962) (reversing a district courts holding that a mere abuse of the trial judges discretion is a sufficient basis for reversal of his ruling on the motion to vacate) ); Carter, Hawley, Hale Stores, Inc. v. Whitman, 516 So.2d 83 (Fla. 3d DCA 1987) (reversing trial courts order denying appellant corporations motion to vacate a default, because appellants delay in answering appellee retailers complaint constituted excusable neglect, and appellant acted with due diligence after discovering the default.)