MANLEY E. GETTYS, APPELLANT,
v.
GLORIA BROWNING, ET VIR., APPELLEES

Fla. 3d DCA | 1982-08-10
No. 82-345
Before BARKDULL, DANIEL S. PEARSON and FERGUSON, JJ.
417 So. 2d 1094 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial judge’s order refusing to vacate and set aside a final judgment entered after default. The proof presented below to overcome the presumptive correctness of the return, Vellanti v. Piper Aircraft Corp., 394 So. 2d 1063 (Fla. 3d DCA 1981), which reflected that Gettys was personally served was neither undisputed nor so clear and convincing as to require that the default be set aside. The record evidence and the reasonable inferences to be drawn therefrom support the trial judge’s conclusion, and we cannot substitute our judgment for his. Compare Winky’s, Inc. v. Francis, 229 So. 2d 903 (Fla. 3d DCA 1970), with McIntosh v. Wibbeler, 106 So. 2d 195 (Fla.1958).

Affirmed.

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Cited By

  • AIR Unlimited Inc. v. Volare AIR, Inc., 428 So. 2d 294 (Fla. 3d DCA 1983)
    …ing that he was not properly served and that he received no notice of hearing on the trial to determine damages. The trial judge denied this motion and this appeal ensued. We affirm the denial of the motion to vacate the default. Gettys v. Browning, 417 So. 2d 1094 (Fla. 3d DCA 1982); T.I.E. Communications, Inc. v. Toyota Motors Center, Inc., 391 So. 2d 697 (Fla. 3d DCA 1981); B/G Amusements, Inc. v. Mystery Fun House, Inc., 381 So. 2d 318 (Fla. 5th DCA 1980); Perry v. University Cabs, Inc., 344 So. 2d 914 (Fl…
  • Salomon Konig v. Merrill Lynch, 451 So. 2d 956 (Fla. 3d DCA 1984)
    …PER CURIAM. Affirmed. Slomowitz v. Walker, 429 So. 2d 797 (Fla. 4th DCA 1983); Gettys v. Browning, 417 So. 2d 1094 (Fla. 3d DCA 1982).…

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