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Huerta v. Saphin

District Court of Appeal of Florida, Third District
Nov 20, 1984
459 So. 2d 438 (Fla. Dist. Ct. App. 1984)

Opinion

No. 84-1916.

November 20, 1984.

Appeal from the Circuit Court for Dade County, Milton A. Friedman, J.

Hill, Neale Riley and James Sparkman, Fort Lauderdale, for appellants.

Rosenblatt, Arnowitz Roth and Domingo Rodriguez, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.


We reverse the trial court's order denying the defendants' motion to vacate default upon a holding that the defendants have satisfied the test established in B.C. Builders Supply Co. v. Maldonado, 405 So.2d 1345 (Fla. 3d DCA 1981), in that (1) excusable neglect is demonstrated under the facts herein where a hospital administrator promptly forwarded suit papers to the hospital's current insurance carrier and, upon learning that a prior carrier should defend, promptly advised the prior carrier which thereupon retained counsel and moved within ten days to vacate the default, supported by an explanatory affidavit; and (2) meritorious defenses are contained in the answer.

Accordingly, the order under review is reversed and this cause is remanded for further proceedings.


Summaries of

Huerta v. Saphin

District Court of Appeal of Florida, Third District
Nov 20, 1984
459 So. 2d 438 (Fla. Dist. Ct. App. 1984)
Case details for

Huerta v. Saphin

Case Details

Full title:F. RENE DE LA HUERTA, M.D., F. RENE DE LA HUERTA, M.D., P.A., AND AREA…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 20, 1984

Citations

459 So. 2d 438 (Fla. Dist. Ct. App. 1984)

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