Goodman v. Joffe, 36 Fla. L. Wkly. D775 (Fla. 4th DCA 2011)

The Appellant argued that the Circuit Court erred by failing to rule on her Motion to Vacate Default before entering Default Judgment.  The Appellant had, apparently, filed the Motion to Vacate Default but never set the motion for hearing.  The Fourth DCA expressed concern that the Appellant should not be rewarded for sitting on her rights by not setting her motion for hearing.  But, regardless, the Fourth DCA overturned the judgment per Vacation Escape, Inc. v. Mich. Nat’l Bank, 735 So.2d 528, 529 (Fla. 4th DCA 1999).

Goodman v. Joffe, 36 Fla. L. Wkly. D775 (Fla. 4th DCA 2011)