ANTHONY ABRAHAM LEASING, INC., APPELLANT,
v.
DEVELOPERS OF AMERICA CORP., APPELLEE

Fla. 3d DCA | 1987-04-28
No. 86-2801
Before SCHWARTZ, C.J., and HENDRY and HUBBART, JJ.
506 So. 2d 59 Florida District Court of Appeal, Third District (1987) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

The order under review vacating a final default judgment against the garnishee is reversed with directions to reinstate the judgment. Although a meritorious defense was asserted, the appellee made no demonstration either of excusable neglect which led to the entry of the default and consequent default judgment, National Premium Budget Plan Corp. v. All American Assurance Co., 389 So. 2d 324 (Fla. 3d DCA 1980); Miami Steel Traders, Inc. v. Ryder Truck Lines, Inc., 401 So. 2d 1146 (Fla. 3d DCA 1981), or of due diligence in seeking to set them aside. See Cricket Club, Inc. v. Basso, 384 So. 2d 908 (Fla. 3d DCA 1980); B.R. Fries & Associates v. Meagher, 448 So. 2d 1211 (Fla. 3d DCA 1984), pet. for review denied, 453 So. 2d 1364 (Fla.1984); Bayview Tower Condominium v. Schweizer, 475 So. 2d 982 (Fla. 3d DCA 1985).


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Cited By

  • Raimundo Munoz v. Dep't of Natural Res., 561 So. 2d 15 (Fla. 3d DCA 1990)
    …PER CURIAM. As the trial court did not abuse its discretion in declining to set aside the default and default judgment, see Anthony Abraham Leasing, Inc. v. Developers of America Corp., 506 So. 2d 59, 60 (Fla. 3d DCA 1987), the order under review is affirmed.…

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