LAND-BASED & WATER PARASAILING, INC., AND DO IT ALL ENTERTAINMENT, INC., APPELLANTS,
v.
PARA-SOAR ADVENTURES, INC., APPELLEE
LAND-BASED & WATER PARASAILING, INC., AND DO IT ALL ENTERTAINMENT, INC., APPELLANTS,
PARA-SOAR ADVENTURES, INC., APPELLEE
757 So. 2d 1289
Florida District Court of Appeal, Fourth District (2000)
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Opinion of the Court
GLICKSTEIN, HUGH S,, Senior Judge.
This is an appeal from a final judgment entered after default against two dissolved corporations. We reverse and remand.
The record reflects a factual scenario akin to that in Electric Engineering Company, Inc. v. General Electric Canada, 610 So. 2d 51 (Fla. Bd DCA 1992).
The affidavits filed in the trial court establish excusable neglect. Although it is not necessary to establish a meritorious defense by affidavit, the record reflects the existence of one. Due diligence has also been shown. Accordingly, the default should have been set aside by the trial court.
WARNER, C.J., and STONE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Elec. Eng'g Co., Inc. v. Gen. Elec. Canada, Inc., 610 So. 2d 51 (Fla. 3d DCA 1992)