A default judgment is entered by the Court based on the failure of the defendant to file or serve any response after being served with the lawsuit. It may be possible to have a default judgment vacated or set aside. Rule 1.540(b) of the Florida Rules of Civil Procedure provides as follows:
“On motion and upon such terms as are just, the court may relieve a party … from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether … intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) [as well as for when] the judgment or decree is void. …”
For a default to be set aside, the trial court must determine (1) whether the defendant has demonstrated excusable neglect in failing to respond; (2) whether the defendant has demonstrated a meritorious defense; and (3) whether the defendant, subsequent to learning of the default, has demonstrated due diligence in seeking relief.