City of Gainesville v. Johnson

Citations

• 59 Fla. 459

Syllabus

<p>1. To open up a final decree after twenty days in order to let in a defense it must be shown there was deceit, surprise or irregularity in obtaining the decree that the defendant acted bona fide and with reasonable diligence, that he has a meritorious defense and that strong and unavoidable circumstances exist excusing the failure to answer at the proper time, and the proposed answer should be exhibited at the time of making the application.</p> <p>2. A final decree absolute will not be opened upon a showing that the defendant was illiterate and did not understand that, a suit was brought against him, that he had a counter claim of which he advised complainant’s counsel and was told to see an officer of the complainant who promised to see what ‘could be done and advise him—there being no suggestion that the suit would be staid until settlement.</p>