201010.15
0

47 So. 3d 333 (Fla. 5th DCA 2010)

Johary Aviation moved to set aside a default entered in the trial court against it and the trial court denied its motion. The Firm appealed the denial and Turan attempted to defend the ruling on two fronts. First, it claimed that the appeal was untimely, which was readily rejected by the Fifth District Court of Appeal. Johary prevailed on the merits as well. The appellate court agreed with the Firm that the trial court erred in denying the motion, reasoning that the dispute should be resolved on the merits and Johary should have an opportunity to defend itself in the litigation.