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Williams v. Stack

District Court of Appeal of Florida, Fourth District
Jan 31, 1979
366 So. 2d 872 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-1508.

January 31, 1979.

Appeal from the Circuit Court, Broward County, W. Clayton Johnson, J.

James A. Brown, Fort Lauderdale, for appellant.

David T. Price of Price Byrne, Fort Lauderdale, for appellees.


This is an appeal from an order setting aside a default. The motion to set aside the default did not allege the existence of a meritorious defense, and no proof was ever submitted, other than representations of counsel, concerning any legal excuse for the failure to respond to the complaint. As such the motion and proof were insufficient to justify setting aside the default. Clark v. Roberto's, Inc., 320 So.2d 870 (Fla. 4th DCA 1975); Winter Park Arms, Inc. v. Akerman, 199 So.2d 107 (Fla. 4th DCA 1967); Thomason v. Jernigan, 146 So.2d 905 (Fla. 1st DCA 1962). Accordingly, the order is reversed.

DOWNEY, C.J., and ANSTEAD and BERANEK, JJ., concur.


Summaries of

Williams v. Stack

District Court of Appeal of Florida, Fourth District
Jan 31, 1979
366 So. 2d 872 (Fla. Dist. Ct. App. 1979)
Case details for

Williams v. Stack

Case Details

Full title:NOBLE WILLIAMS, APPELLANT, v. EDWARD J. STACK, AS SHERIFF FOR BROWARD…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 31, 1979

Citations

366 So. 2d 872 (Fla. Dist. Ct. App. 1979)

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