Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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S.K. v. Department of Children & Families839 So. 2d 876 (Fla. 4th DCA 2003) · 4D01-5027

Court
4th DCA
Decided
2003-03-12
Law cited
Rule 8.270(1)
On CourtListener
PER CURIAM.

We find that the entry of a default and the trial court’s denial of the father’s motion to vacate the default judgment terminating his parental rights was an abuse of discretion. Rule 8.270 provides that “[o]n motion and upon such terms as are just, the court may relieve a party or the party’s legal representative from an order, judgment, or proceeding for the following reasons: Mistake, inadvertence, surprise, or excusable neglect.” Fla. R. Juv. P. 8.270(1). We find that the father demonstrated at least one of these reasons.

REVERSED.

FARMER, STEVENSON and HAZOURI, JJ., concur.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.