AACON AUTO TRANSPORT, INC., APPELLANT,
v.
ERNEST O. ABBIT, APPELLEE

Fla. 4th DCA | 1982-12-29
No. 81-1050
GLICKSTEIN, DELL and WALDEN, JJ., concur.
423 So. 2d 637 Florida District Court of Appeal, Fourth District (1982) Positive Treatment
Cited by 2 cases
Topics
Sufficiency Of Process Setting Aside Default Judgment Writ Of Garnishment Vacating Judgment

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from that portion of an order which denied appellant’s motion to set aside default and vacate judgment. The affidavits filed by appellant dispelled appel-lee’s prima facie showing of sufficiency of process and service of process. The affidavits further established excusable neglect on the part of counsel and meritorious defenses.1 Accordingly, we reverse and remand for proceedings consistent herewith.

GLICKSTEIN, DELL and WALDEN, JJ., concur. . Although appellee has argued in his brief that the portion of the trial court’s order which denied appellant’s motion to dissolve writ of garnishment was not error, appellant informed the court at oral argument that it does not claim that portion of the order to be error and will seek its relief from the appellee-garnishor, not the gamishee-bank which is not a party to this appeal.

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Citator

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  • Saga BAY Prop. Owners Ass'n v. Askew, 513 So. 2d 691 (Fla. 3d DCA 1987)
    …entered judgment for each parent in the amount of $455,000, a total of $910,000 — finding each parent -free of negligence to the extent of 70%. The Association concedes that this method of computing the judgment finds support in Sundstrom v. Grover, 423 So. 2d 637 (Fla. 4th DCA 1982). Because of our resolution of this case, we need not consider whether we agree with Sundstrom’s method of computation. . Similarly inapposite to the present case is Walt Disney World Co. v. Goode, 501 So. 2d 622 (Fla. 5th DCA 19…
  • Walt Disney World Co. & Ins. Co. of N. Am. v. Aloysia Wood and Daniel S. Wood, 489 So. 2d 61 (Fla. 4th DCA 1986)
    …So. 2d 386 (Fla.1975), that “multi-party defendants will remain jointly and severally liable.” This court followed suit in Moore v. St. Cloud Utilities, 337 So. 2d 982 (Fla. 4th DCA 1976), cert. denied, 337 So. 2d 809 [see also Sundstrom v. Grover, 423 So. 2d 637 (Fla. 4th DCA 1982) ], as did the First District in Department of Transportation v. Webb, 409 So. 2d 1061 (Fla. 1st DCA 1981), approved as modified, 438 So. 2d 780 (Fla.1983). Likewise, the Third District opined that the “doctrine of joint and sever…

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