CHARLES R. BURRELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1978-08-09
No. 78-1451
DOWNEY, C. J., and CROSS and BERA-NEK, JJ., concur.
361 So. 2d 820 Florida District Court of Appeal, Fourth District (1978) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.

DOWNEY, C. J., and CROSS and BERA-NEK, JJ., concur.


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  • Tutwiler Cadillac, Inc. v. Schatzi S. Brockett, 551 So. 2d 1270 (Fla. 1st DCA 1989)
    …te default, holding that the defendant’s reliance upon its insurance carrier to answer was excusable neglect and that plaintiff had suffered neither delay nor prejudice. The court in Venusa Export & Import, Inc. v. Cavico Alamo Aircraft Sales, Inc., 361 So. 2d 820 (Fla. 4th DCA 1978), found excusable neglect where the distributor sent suit papers' to a manufacturer under the mistaken impression the manufacturer was going to handle the defense. Similarly, in the present case, appellant sent the complaint with…
  • Dillon v. Mach. Wholesalers Corp., 414 So. 2d 1094 (Fla. 3d DCA 1982)
    …th Shore Hospital, Inc. v. Barber, 143 So. 2d 849 (Fla.1962), must be reversed as the record before us reveals that Dillon’s neglect in responding to the complaint was excusable, see Venusa Export & Import, Inc. v. Gavico Alamo Aircraft Sales, Inc., 361 So. 2d 820 (Fla. 4th DCA 1978); see also Edwards v. City of Fort Walton Beach, 271 So. 2d 136 (Fla.1972), and his proposed defenses to the complaint were indisputably meritorious. Our holding moots Dillon’s equally persuasive contention that notwithstanding th…
  • Peerless Ins. Co. v. Guignardi, 547 So. 2d 230 (Fla. 4th DCA 1989)
    …resentations that counsel would be provided were reasonably relied upon) have been held to constitute excusable neglect. Kapetanopoulos v. Herbert, 449 So. 2d 947 (Fla. 2d DCA 1984); Venusa Export & Import, Inc. v. Cavico Alamo Aircraft Sales, Inc., 361 So. 2d 820 (Fla. 4th DCA 1978). Accordingly, the order appealed from is reversed and the cause is remanded to the trial court for further proceedings. DOWNEY, DELL and GARRETT, JJ., concur.…

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