Opinion
No. 4D03-2689.
September 1, 2004. Rehearing Denied October 11, 2004.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; J. Leonard Fleet, Judge; L.T. Case No. 01-15538(08).
Nancy W. Gregoire and Elizabeth E. Daugherty of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre Gregoire, P.A., Fort Lauderdale, for appellants.
Diane H. Tutt of Diane H. Tutt, P.A., and Bradley Winston of Winston Clark, P.A., Plantation, for appellee.
Appellant, Dr. William Joyner, and his corporation were defaulted for failure to answer a complaint for medical malpractice. They claim that the defaults were the result of excusable neglect. The trial court took testimony as well as read the depositions submitted for review. The main issue to resolve was whether Joyner was advised by plaintiff's attorney that he did not have to answer the complaint. Reviewing the conflicting evidence presented, the court denied the motion to vacate the default. The trial court did not abuse its discretion in denying the motion to vacate when disputed issues of fact were present. See Trupin v. Wallquist, 605 So.2d 1295, 1296 (Fla. 4th DCA 1992). We affirm as to the remaining issues raised.
WARNER, KLEIN and TAYLOR, JJ., concur.