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J. Boyd Roofing Co. v. Seibels Bruce Insurance Co.
Citations: 601 So. 2d 1237; 1992 Fla. App. LEXIS 6865; 1992 WL 131800Docket: No. 92-0089
Court: District Court of Appeal of Florida; June 17, 1992; Florida; State Appellate Court
An appeal was filed regarding the denial of motions for relief from judgment, to set aside a default, and to quash service of process. The appellant presented a seemingly valid defense but did not demonstrate excusable neglect or due diligence in attempting to overturn the default, which undermines their appeal. The court rejected the appellant's argument that the order was void, instead supporting the view that defenses based on the corporate survival statute should be treated similarly to statute of limitations defenses, which must be raised timely or are waived. The court found that the appellant failed to file defenses on time and did not provide sufficient justification to set aside the default. The order was affirmed, with judges Hersey, Stone, and Polen concurring.