FOUNDATION WELL POINT CORPORATION OF FLORIDA AND EDDIE BEE PAULK, APPELLANTS,
v.
SARA LEE KNIGHT BAUMAN AND ALFRED JEROME BAUMAN, APPELLEES
FOUNDATION WELL POINT CORPORATION OF FLORIDA AND EDDIE BEE PAULK, APPELLANTS,
SARA LEE KNIGHT BAUMAN AND ALFRED JEROME BAUMAN, APPELLEES
437 So. 2d 729
Florida District Court of Appeal, Third District (1983)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We reverse the order denying the defendant’s motion to set aside a default upon a holding that: (a) an affidavit setting forth a general denial satisfies the requirement that the defendant must present a meritorious defense, North Shore Hospital, Inc. v. Barber; 143 So. 2d 849 (Fla.1962); and (b) the corporation’s inadvertence in failing to deliver suit papers to counsel representing the appellant was excusable neglect where separate complaints were filed at the same time on behalf of two plaintiffs against the same defendants, arising out of the same accident and the corporate agent mistakenly thought that the papers represented multiple copies of the same complaint.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Okeechobee Imports, Inc. v. Am. Sav. & Loan Ass'n OF Fla., 558 So. 2d 506 (Fla. 3d DCA 1990)…of two or more cases involving the same or related parties or subject matters. Zwickel v. KLC, Inc., 464 So. 2d 1280 (Fla. 3d DCA 1985); see State Bank of Eau Gallie v. Raymond, 103 Fla. 649, 138 So. 40 (1931); Foundation Well Point Corp. v. Bauman, 437 So. 2d 729 (Fla. 3d DCA 1983), review denied, 447 So. 2d 885 (Fla.1984); Cunningham v. White, 390 So. 2d 467 (Fla. 3d DCA 1980). Accordingly, the order denying defendant’s motion to set aside default and final judgment is reversed and the case is remanded fo…
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Yelvington Transp., Inc. v. Hersman, 513 So. 2d 1361 (Fla. 3d DCA 1987)…rwarding of Yelvington’s suit papers to Nationwide. Plainly, the aforesaid clerical error and mistaken impression constitute the requisite excusable neglect under the established case law in this state. Foundation Well Point Corp. of Fla. v. Bauman, 437 So. 2d 729 (Fla. 3d DCA 1983), pet. for review denied, 447 So. 2d 885 (Fla.1984); Broward County v. Perdue, 432 So. 2d 742 (Fla. 4th DCA 1983); Brandt v. Dolman, 421 So. 2d 689 (Fla. 4th DCA 1982); County Nat’l Bank of North Miami Beach v. Sheridan, Inc., 403…
Authorities Cited
- N. Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla. 1962)