Bank of America v. Lane – court cannot vacate a default on its own motion based on excusable neglect

In this case, the trial court rejected a defaulting party’s claim that the court should vacate a default for lack of subject-matter jurisdiction, but nonetheless granted the motion based on excusable neglect.  The appellate court reversed and remanded, holding, “[T]he trial court could not set aside the default judgment based upon excusable neglect where such an issue was not presented by the pleadings, noticed for hearing, or litigated by the parties.”

 Bank of America, N.A v. Nancy A. Laneand Robert G. Lane, 36 Fla.L. Wkly D2631A (Fla. 1st DCA Nov. 30, 2011)