Bass v. Choriammacral

Full title: LEONARD C. BASS, APPELLANT, v. VARKEY SCARIA CHORIAMMACRAL AND MARIA K…

Court: District Court of Appeal of Florida, Fourth District

Date published: Sep 10, 1986

493 So. 2d 1103 (Fla. Dist. Ct. App. 1986)

Opinion

No. 4-86-0672.

September 10, 1986.

Non-final appeal from the Circuit Court for Broward County; Mel Grossman, Judge.

Benjamin F. Lampkin, Jr., Fort Lauderdale, for appellant.

Harry Alan Koppel and Associates, P.A., Tamarac, for appellees.

PER CURIAM.

AFFIRMED.

LETTS and DELL, JJ., concur.

WALDEN, J., dissents with opinion.

WALDEN, Judge, dissenting:

In my opinion the trial court abused its discretion under the facts and circumstances of this case when it refused to set aside a default judgment entered against the defendant. I would reverse so that the case could be tried on the merits. Somero v. Hendry General Hospital, 467 So.2d 1103 (Fla. 4th DCA 1985); Broward County v. Perdue, 432 So.2d 742 (Fla. 4th DCA 1983); Schmitz v. Ryan, 427 So.2d 1013 (Fla. 2d DCA 1983); Brandt v. Dolman, 421 So.2d 689 (Fla. 4th DCA 1982).