ARRANCO SHOES BY CARMEN, INC., A FLORIDA CORPORATION, APPELLANT,
v.
CALZADOS MILADY, S.L., A CORPORATION, APPELLEE

Fla. 3d DCA | 1982-11-09
No. 82-1262
Before HENDRY, BASKIN and FERGUSON, JJ.
422 So. 2d 341 Florida District Court of Appeal, Third District (1982) Positive Treatment
Cited by 3 cases
Topics
Notice Of Trial Excusable Neglect Abuse Of Discretion

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Opinion of the Court
BASKIN, Judge.

BASKIN, Judge.

Finding no excusable neglect which. might justify appellant’s failure to respond to process properly served upon its employee during the lengthy period appellant’s business was left in the care of its employee, and finding no abuse of discretion by the trial court, T.I.E. Communications, Inc. v. Toyota Motors Center, Inc., 391 So. 2d 697 (Fla. 3d DCA 1980); Williams v. Stack, 366 So. 2d 872 (Fla. 4th DCA 1979), we affirm the trial court’s denial of appellant’s Motion to Set Aside Default and Default Judgment.

We remand, however, for a new trial on the question of damages. Appellant was not afforded notice of trial on the issue of damages. Tallman Pools of Georgia, Inc. v. Wood, 399 So. 2d 112 (Fla. 1st DCA 1981); Scott v. Johnson, 386 So. 2d 67 (Fla. 3d DCA 1980); B/G Amusements, Inc. v. Mystery Fun House, Inc., 381 So. 2d 318 (Fla. 5th DCA 1980); Fla.R.Civ.P. 1.440(c).

Affirmed in part, reversed in part.

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Cited By

  • Cili v. State, 424 So. 2d 106 (Fla. 3d DCA 1982)
    …PER CURIAM. Affirmed. United States v. Ross, - U.S. -, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982); Savoie v. State, 422 So. 2d 308, n. 2 (Fla.1982); Alcorn v. State, 422 So. 2d 341 (Fla. 3d DCA 1982) (per curiam), and cases cited; Grimes v. State, 416 So. 2d 488 (Fla. 1st DCA 1982).…
  • Cal. Club Realty, Inc. v. Lucca, 517 So. 2d 72 (Fla. 3d DCA 1987)
    …not abuse its discretion in denying the defendant’s motion to vacate the final default judgment. See Rhines v. Rhines, 483 So. 2d 4, 6 (Fla. 2d DCA 1985), rev. denied, 488 So. 2d 68 (Fla.1986); Arranco Shoes By Carmen, Inc. v. Calzados Milady, S.L., 422 So. 2d 341, 342 (Fla. 3d DCA 1982); Austin Burke, Inc. v. Vigilant Ins. Co., 179 So. 2d 600, 602 (Fla. 3d DCA 1965). Affirmed.…
  • Cordle v. State, 422 So. 2d 364 (Fla. 3d DCA 1982)
    …PER CURIAM. Affirmed. See Alcorn v. State, 422 So. 2d 341 (Fla. 3d DCA 1982); Mock v. State, 385 So. 2d 665 (Fla. 2d DCA), petition for review denied, 392 So. 2d 1377 (Fla.1980); Horton v. State, 375 So. 2d 1112 (Fla. 3d DCA 1979), cert. denied, 386 So. 2d 638 (Fla. 1980); State v. Stevens, 354 So. 2d 1244…

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