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Contract: Other | Florida Southern
Order on Motion to Vacate
PAPERLESS ORDER GRANTING the 60 Motion to Vacate Clerk’s Default (the “Motion”). On August 5, 2026, the Clerk entered default against Defendant Expecting Models, Inc. On September 15, 2026, the Defendant moved to set aside that default. See generally Motion. The Defendant tells us that “[t]his default did not arise from willfulness, bad faith, or a considered decision to disregard this Court’s authority.” Id. at 1. Instead, the default “arose from the good faith, mistaken belief of Expecting Models’ founder and chief executive officer, Liza Elliott Ramirez, that she could respond to the Complaint on behalf of both herself individually and the corporation she has operated for more than two decades.” Ibid. The Eleventh Circuit has “long expressed” a “strong policy of determining cases on their merits when reasonably possible.” Perez v. Wells Fargo N.A., 774 F.3d 1329, 1339 (11th Cir. 2014); see also Surtain v. Hamlin Terrace Foundation, 789 F.3d 1239, 1244–45 (11th Cir. 2015) (“Because of our strong policy of determining cases on their merits, however, default judgments are generally disfavored.” (cleaned up)); Varnes v. Loc. 91, Glass Bottle Blowers Ass’n of U.S. & Can., 674 F.2d 1365, 1369–70 (11th Cir. 1982) (noting that “default judgments are disfavored,” that “the federal rules favor a decision on the merits,” and that “[c]ourts prefer adjudication on the merits”). Following that guidance, we VACATE the Clerk’s Entry of Default 43 as to Defendant Expecting Models, Inc., so that we may resolve this case on the merits.
Motor Vehicle | Florida Southern
Notice (Other)
First NOTICE Of Selection and Designation of Mediator by Leonard Vincent Agostino, III (Corey, Richard)
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