Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

What does it mean when a default is entered against a party in a Florida family law case? This means the party admits the well-pled allegations of the petitioner’s complaint in the case, and because of these admissions, the court may be able to enter judgment against the defaulted party without a trial or hearing. A default can be set aside, and this was an issue in the case Highsmith v. Britten, 2D2025-0679 (Fla. 2d DCA December 17, 2025).

In this case, a default was entered against the defendant in this civil case. The defendant filed a motion to set aside the default, alleging that a person who held power of attorney over the plaintiff told the defendant not to file an answer to the petition in the case because it was “just a legal formality”. The defendant also alleged that this was part of a scheme to defraud her of her share of her mother’s estate. The trial court denied the motion without a hearing, and the defendant appealed.

The appellate court held “Generally, if a rule 1.540(b) motion ‘sets forth 'a colorable entitlement to relief,' the trial court should conduct an evidentiary hearing to determine whether such relief should be granted.’ See Cottrell v. Taylor, Bean & Whitaker Mortg. Corp., 198 So. 3d 688, 691 (Fla. 2d DCA 2016) (quoting Chancey v. Chancey, 880 So. 2d 1281, 1282 (Fla. 2d DCA 2004)). Where such a motion is based on fraud, misrepresentation, or misconduct of an adverse party under rule 1.540(b)(3)—as [the defendant’s] was—the movant must specify the alleged fraud with particularity, setting forth essential facts that would entitle the movant to relief and not mere legal conclusions.” The court concluded “that [the defendant’s] motion alleged just enough to warrant an evidentiary hearing.” The order on appeal was reversed and the case remanded for the trial court to hold an evidentiary hearing on the motion.

Nothing in this article can be taken as legal advice. For advice specific to your case, schedule a meeting with a Miami family law attorney.