Opinion
No. 4D99-2518.
Opinion filed May 31, 2000.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Robert Lance Andrews, Judge; L.T. Case No. 99-5004.
Michael E. Greene of Michael E. Greene, P.A., Coral Springs, and Matthew J. Schaefer of Matthew J. Schaefer, P.A., Fort Lauderdale, for appellants.
Gregg M. Paley of Wickens Lebow, Deerfield Beach, for appellee.
This is an appeal from a final judgment entered after default against two dissolved corporations. We reverse and remand.
The record reflects a factual scenario akin to that in Electric Engineering Company, Inc. v. General Electric Canada, 610 So.2d 51 (Fla. 3d DCA 1992).
The affidavits filed in the trial court establish excusable neglect. Although it is not necessary to establish a meritorious defense by affidavit, the record reflects the existence of one. Due diligence has also been shown. Accordingly, the default should have been set aside by the trial court.
WARNER, C.J., and STONE, J., concur.