Darik Alexander v. Capital One, N.A.
CourtDistrict Court of Appeal of Florida
Date FiledMay 29, 2026
Docket6D2025-1129
StatusPublished
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Full Opinion
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 6D2025-1129
Lower Tribunal No. 2023-CA-014550
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DARIK ALEXANDER,
Appellant,
v.
CAPITAL ONE, N.A.,
Appellee.
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Appeal from the Circuit Court for Orange County.
Heather Pinder Rodriguez, Judge.
May 29, 2026
PER CURIAM.
AFFIRMED. See Winter Park Hosp., LLC v. On Target Staffing, LLC, 419
So. 3d 306, 311 (Fla. 6th DCA 2025) (“To have the trial court set aside the default
final judgment, WPH had to prove by sworn evidence that (1) its failure to retain
new counsel as ordered by the trial court was the result of excusable neglect, (2) its
affirmative defenses and counterclaim established that it had meritorious defenses
and claims warranting a trial on the merits, and (3) it acted with due diligence from
the time when it learned of the default to the filing for relief.” (emphasis added)).
TRAVER, C.J., and SMITH and MIZE, JJ., concur.
Darik Alexander, Windermere, pro se.
Michael Thiel Debski, of Debski & Associates, P.A., Jacksonville, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
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