Roebuck v. Batten

Citations

• 64 Fla. 424

Syllabus

<p>1. To open up a final decree, after 20 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. Where after a decree pro confesso is entered in a foreclosure proceeding, the bill of complaint is, without notice to, or the knowledge of the defendant, so amended as to greatly increase the amount claimed under the mortgage, and' other sufficient equitable circumstances are shown, a decree-pro confesso and a final decree entered thereon, may beset aside even after 20 days from the date of the final decree.</p> <p>3. Where a motion is made to strike a demurrer on the sole-ground that it is sworn to by counsel who did not state-in the affidavit that the defendants are absent from the-State, the court may well require notice of the motion to-be given to opposing counsel so that the technical defect may be remedied and no injustice done to litigants.</p>