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SET ASIDE JUDGMENT
STANDARD OF REVIEW = ABUSE OF DISCRETION

We will reverse the lower court's denial of a motion to set aside a default judgment only for abuse of discretion, see Fla. Physician's Ins. Co. v. Ehlers, 8 F.3d 780, 783 (11th Cir. 1993) (citing Gibbs v. Air Canada, 810 F.2d 1529, 1537 (11th Cir. 1987) and Jackson v. Seaboard Coast Line R.R., 678 F.2d 992, 1020 (11th Cir. 1982)), and we have cautioned that "appellant cannot prevail simply because the [bankruptcy court] properly could have vacated its order." Solaroll Shade Shutter Corp. v. Bio-Energy Sys., Inc., 803 F.2d 1130, 1132 (11th Cir. 1986) (citing Fackelman v. Bell, 564 F.2d 734, 736 (5th Cir. 1977)). Instead, to show an abuse of discretion, the "appellant must demonstrate a justification so compelling that the [lower] court was required to vacate its order."
Congratulations! You're now booked up on the Standard of Review that courts use when analyzing Set Aside!

Please get the justice you deserve.

Sincerely,



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