Dependency Law Finder

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

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Howard v. Department of Health & Rehabilitative Services589 So. 2d 1018 (Fla. Dist. Ct. App. 1991) · DCA90-973

Court
District Court of Appeal
Decided
1991-11-26
On CourtListener
PER CURIAM.

We reverse the order denying the vacation of a default judgment entered in a child dependency case. There is record evidence appellants did not receive notice of the calendar call which they failed to attend; thus excusable neglect was demonstrated. See Dubois v. Fried, 378 So.2d 1350 (Fla. 3d DCA 1980). Moreover, the asserted defense that the corporal punish*1019ment appellants administered did not amount to abuse was a meritorious defense for purposes of setting aside a default. See In Interest of D.S., 492 So.2d 797 (Fla. 2d DCA 1986).

Reversed and remanded.

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