Holloway v. Pietrafesa

Full title: MICHAEL HOLLOWAY, APPELLANT, v. PAUL PIETRAFESA, ETC., ET AL., APPELLEES

Court: District Court of Appeal of Florida, Fourth District

Date published: May 15, 1986

487 So. 2d 366 (Fla. Dist. Ct. App. 1986)

Opinion

No. 4-86-0097.

April 16, 1986. Rehearing Denied May 15, 1986.

Non-final appeal from the Circuit Court for Broward County; Joseph E. Price, Judge.

L. Kenneth Barnett of Barnett and Clark, P.A., Fort Lauderdale and John R. Beranek of Klein Beranek, P.A., West Palm Beach, for appellant.

Karen E. Roselli of Krupnick, Campbell, Malone Roselli, P.A., Fort Lauderdale, for appellees.

PER CURIAM.

We reverse the order denying appellant's motion to set aside default. See Somero v. Hendry General Hospital, 467 So.2d 1103 (Fla. 4th DCA 1985); Reicheinbach v. Southeast Bank, N.A., 462 So.2d 611 (Fla. 3d DCA 1985); and Broward County v. Perdue, 432 So.2d 742 (Fla. 4th DCA 1983).

Reversed.

HERSEY, C.J., and WALDEN, J., concur.

LETTS, J., concurs specially with opinion.

LETTS, Judge, specially concurring.

I am forced to agree with the majority's ruling because of the all-encompassing nature of Somero v. Hendry General Hospital. I dissented in Somero and indeed I believe the result here is also error. However, I am committed to the doctrine of stare decisis and in my view Somero dictates the result.