HIRAM COLLAZO, APPELLANT,
v.
RALPH GOMOLINSKY AND PATRICIA GOMOLINSKY, APPELLEES

Fla. 3d DCA | 1986-10-28
No. 86-608
Before HENDRY, BASKIN and JOR-GENSON, JJ.
496 So. 2d 243 Florida District Court of Appeal, Third District (1986) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from an order of the trial court denying appellant’s motion to set aside a final judgment entered upon a default.

We have considered the record, briefs and arguments of counsel and have concluded that the trial court did not abuse its discretion in denying the motion to vacate the final judgment and default upon a finding that there was no showing of excusable neglect. See Doctor’s Hospital of Hollywood, Inc. v. Madison, 415 So. 2d 84 (Fla. 4th DCA), review denied, 422 So. 2d 842 (Fla.1982); Schwab & Co. v. Breezy Bay, Inc., 360 So. 2d 117 (Fla. 3d DCA 1978).

No abuse of discretion having been shown, the order under review is AFFIRMED.


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  • Allstate Ins. Co. v. Shofner, 573 So. 2d 47 (Fla. 1st DCA 1990)
    …ine is tempered, however, by the rule of reason and the principle that even insurance policies must be given practical, sensible interpretations in accordance with the natural meaning of the words employed. Simmons v. Provident Mutual Life Ins. Co., 496 So. 2d 243 (Fla. 3d DCA 1986). Obviously, the rule that ambiguities must be construed against the insurer applies only when a genuine inconsistency, uncertainty, or ambiguity in meaning remains after resort to ordinary rules of construction; it does not allow…
  • …s within the provision upon which Fitzgerald relies.1 As we have said, even insurance policies must be given practical, sensible interpretations in accordance with the natural meaning of the words employed. Simmons v. Provident Mut. Life Ins. Co., 496 So. 2d 243, 245 (Fla. 3d DCA 1986). See Spiegel v. Williams, 545 So. 2d 1360, 1362 (Fla.1989) (applying rule in interpretation of same coverage provision). In this instance, I believe that the clause in question applies only to costs involved in the carriers’…
  • Varas v. Nat'l Union Fire Ins. Co. OF Pittsburgh, 505 So. 2d 1113 (Fla. 3d DCA 1987)
    …PER CURIAM. Affirmed. See Simmons v. Provident Mut. Life Ins. Co. of Philadelphia, 496 So. 2d 243 (Fla. 3d DCA 1986).…

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