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Manreb Int'l Realty v. Imperial Roof

District Court of Appeal of Florida, Third District
Mar 8, 1988
521 So. 2d 310 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1063.

March 8, 1988.

An Appeal from the Circuit Court for Dade County; Edward S. Klein, Judge.

Wallace, Engels, Pertnoy Martin and Frank D. Newman, Miami, for appellant.

Haley, Sinagra Perez and J.T. Haley, Miami, for appellee.

Before SCHWARTZ, C.J., and HENDRY and NESBITT, JJ.


The trial court's denial of the defendant's Fla.R.Civ.P. 1.540(b) motion to set aside a default and final default judgment is affirmed upon the holdings that (a) at best, the orders in question were entered through the inexcusable actions of authorized representatives of the defendant corporation, which cannot provide the basis of granting the defendant relief, see Herrick v. Southeast Bank, N.A., 512 So.2d 1029, 1030 n. 3 (Fla. 3d DCA 1987); see also California Club Realty, Inc. v. Lucca, 517 So.2d 72, 73 (Fla. 3d DCA 1987), and (b) the denial of the appellant's motion for continuance of the Rule 1.540 hearing was not an abuse of discretion. In re Gregory, 313 So.2d 735 (Fla. 1975).

Affirmed.


Summaries of

Manreb Int'l Realty v. Imperial Roof

District Court of Appeal of Florida, Third District
Mar 8, 1988
521 So. 2d 310 (Fla. Dist. Ct. App. 1988)
Case details for

Manreb Int'l Realty v. Imperial Roof

Case Details

Full title:MANREB INTERNATIONAL REALTY, N.V., A NETHERLANDS ANTILLES CORP.…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 8, 1988

Citations

521 So. 2d 310 (Fla. Dist. Ct. App. 1988)