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Smith v. Rutland

District Court of Appeal of Florida, Second District
Jan 14, 1977
341 So. 2d 283 (Fla. Dist. Ct. App. 1977)

Opinion

No. 76-920.

January 14, 1977.

Appeal from the Circuit Court, Pinellas County, Charles W. Burke, J.

Michael J. Freedman of Levine, Freedman Hirsch, Tampa, for appellants.

Oscar Blasingame and Stephen Chumbris of Harrison, Greene, Mann, Rowe Stanton, St. Petersburg, for appellees.


Mr. and Mrs. Malcolm Smith, plaintiffs below, appeal from an order vacating a default entered against Hubert Rutland, defendant below. The granting of such relief is a matter within the sound discretion of the court. E.g., Kern v. Kern, 291 So.2d 210 (Fla. 4th DCA 1974). In this instance extensive evidence was presented to the trial court by both parties. Our examination of the record failed to disclose any abuse of discretion by the trial court.

AFFIRMED.

HOBSON, Acting C.J., and GRIMES, J., concur.


Summaries of

Smith v. Rutland

District Court of Appeal of Florida, Second District
Jan 14, 1977
341 So. 2d 283 (Fla. Dist. Ct. App. 1977)
Case details for

Smith v. Rutland

Case Details

Full title:MR. AND MRS. MALCOLM SMITH, APPELLANTS, v. HUBERT RUTLAND ET AL., APPELLEES

Court:District Court of Appeal of Florida, Second District

Date published: Jan 14, 1977

Citations

341 So. 2d 283 (Fla. Dist. Ct. App. 1977)

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