Adams v. I.C.M.A. Retirement Corp.

Full title: ANN S. ADAMS, APPELLANT, v. I.C.M.A. RETIREMENT CORPORATION, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jul 30, 1984

452 So. 2d 1001 (Fla. Dist. Ct. App. 1984)

Opinion

No. 84-456.

June 19, 1984. Rehearing Denied July 30, 1984.

Appeal from the Dade County Circuit Court, Richard S. Hickey, J.

Sinclair, Louis, Siegel, Heath, Nussbaum Zavertnik and Dwight Sullivan, Miami, for appellant.

Steel, Hector Davis and Ron A. Adams, Miami, Caplin Drysdale, Washington, D.C., for appellee.

Before HUBBART and FERGUSON, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.

PER CURIAM.

Where a trial judge is presented with facts which make it appear inequitable to enforce a final default judgment against a garnishee, he may, in the exercise of discretion, set aside the judgment so as to permit a hearing. See United Presidential Life Insurance Co. v. King, 361 So.2d 710 (Fla. 1978).

Affirmed.