How do I set aside a default judgment in Florida?

1. Governing Rule. Fla. R. Civ. P. 1.540(b) governs relief from final judgments, decrees, and orders, and parallels Fed. R. Civ. P. 60(b). Fla. R. Civ. P. 1.500 governs entry of defaults.

2. Grounds. (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence; (3) fraud (intrinsic or extrinsic), misrepresentation, or other misconduct; (4) void judgment; (5) judgment has been satisfied, released, or is no longer equitable.

3. Deadline. Motions under grounds (1)-(3) must be filed within a reasonable time and no later than one year after entry. Void-judgment motions and ground (5) motions have no fixed outer limit but must be filed within a reasonable time.

4. Mandatory vs Discretionary. Discretionary, but Florida courts liberally grant relief from defaults so cases may be decided on the merits (North Shore Hosp. v. Barber, 143 So. 2d 849).

5. Required Showing. The three-prong test: (a) excusable neglect, (b) meritorious defense (supported by sworn facts or proposed answer), and (c) due diligence in seeking relief after learning of the default.

6. Filing Procedure. Verified motion or supporting affidavits + proposed responsive pleading + notice of hearing. Service on all parties.

7. Bond / Conditions. Court may condition vacatur on payment of plaintiff's costs and fees attributable to the default.

8. Appeal of Denial. An order denying a Rule 1.540 motion is appealable as a final order under Fla. R. App. P. 9.130(a)(5).

9. Collateral Attack. A void judgment may be challenged at any time, including in a separate proceeding.

This is legal information, not legal advice.