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A. Abraham Leasing v. Dev. of America

District Court of Appeal of Florida, Third District
Apr 28, 1987
506 So. 2d 59 (Fla. Dist. Ct. App. 1987)

Opinion

No. 86-2801.

April 28, 1987.

Appeal from the Circuit Court, Dade County, Allen Kornblum, J.

Charles F. Atwood, III, Miami, for appellant.

Leoncio E. de la Pena, Hialeah, for appellee.

Before SCHWARTZ, C.J., and HENDRY and HUBBART, JJ.


The order under review vacating a final default judgment against the garnishee is reversed with directions to reinstate the judgment. Although a meritorious defense was asserted, the appellee made no demonstration either of excusable neglect which led to the entry of the default and consequent default judgment, National Premium Budget Plan Corp. v. All American Assurance Co., 389 So.2d 324 (Fla. 3d DCA 1980); Miami Steel Traders, Inc. v. Ryder Truck Lines, Inc., 401 So.2d 1146 (Fla. 3d DCA 1981), or of due diligence in seeking to set them aside. See Cricket Club, Inc. v. Basso, 384 So.2d 908 (Fla. 3d DCA 1980); B.R. Fries Associates v. Meagher, 448 So.2d 1211 (Fla. 3d DCA 1984), pet. for review denied, 453 So.2d 1364 (Fla. 1984); Bayview Tower Condominium v. Schweizer, 475 So.2d 982 (Fla. 3d DCA 1985).


Summaries of

A. Abraham Leasing v. Dev. of America

District Court of Appeal of Florida, Third District
Apr 28, 1987
506 So. 2d 59 (Fla. Dist. Ct. App. 1987)
Case details for

A. Abraham Leasing v. Dev. of America

Case Details

Full title:ANTHONY ABRAHAM LEASING, INC., APPELLANT, v. DEVELOPERS OF AMERICA CORP.…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 28, 1987

Citations

506 So. 2d 59 (Fla. Dist. Ct. App. 1987)

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