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Tahiti Resorts, Inc. v. Dowling

District Court of Appeal of Florida, Third District
Mar 26, 1984
446 So. 2d 189 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1813.

February 14, 1984. As Amended on Denial of Rehearing March 26, 1984.

Appeal from the Circuit Court for Monroe County, David P. Kirwan, J.

James Thomas Lynch and James S. Mattson, Key Largo, Karl Beckmeyer, Tavernier, for appellant.

Hugh F. Quinn, Coral Gables, for appellee.

Before BARKDULL, BASKIN and FERGUSON, JJ.


Appellant Tahiti Resorts, Inc. challenges the trial court's non-final order denying Tahiti's motion to set aside default and final judgment. The record discloses that Tahiti Resorts has failed to make the required showing of both excusable neglect and a meritorious defense necessary for vacating a default. North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla. 1962); Dade County v. Lambert, 334 So.2d 844 (Fla. 3d DCA 1976). Furthermore, we have been presented with no authority to support appellant's position that the automatic stay provisions of the Bankruptcy Act operate to void service of process. We therefore find the trial court did not abuse its discretion in denying Tahiti's motion to set aside default and final judgment.

Affirmed.


Summaries of

Tahiti Resorts, Inc. v. Dowling

District Court of Appeal of Florida, Third District
Mar 26, 1984
446 So. 2d 189 (Fla. Dist. Ct. App. 1984)
Case details for

Tahiti Resorts, Inc. v. Dowling

Case Details

Full title:TAHITI RESORTS, INC., APPELLANT, v. RICHARD O. DOWLING, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 26, 1984

Citations

446 So. 2d 189 (Fla. Dist. Ct. App. 1984)

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PER CURIAM. Affirmed. Fla.R.Civ.P. 1.540 (b); Tahiti Resorts, Inc. v. Dowling, 446 So.2d 189 (Fla. 3d DCA…