DiSARRIO v. MILLS

No. 97-03665.

711 So.2d 1355 (1998)

Anthony J. DiSARRIO, Individually and d/b/a Great Life Builders, Appellant, v. Richard MILLS and Glenda Mills, Appellees.

District Court of Appeal of Florida, Second District.

June 17, 1998.


Attorney(s) appearing for the Case

Michael A. Baviello, Jr. of Michael A. Baviello, Jr., P.A., Naples, for Appellant.

Gary J. Hausler, Marco Island, for Appellees.


QUINCE, Judge.

Anthony J. Disarrio challenges the trial court's determination that the failure of Richard and Glenda Mills' (the Mills) attorney to appear at a scheduled pretrial conference was excusable neglect under Florida Rule of Civil Procedure 1.540(b). We reverse because excusable neglect is not supported by evidence.

The Mills filed suit in June 1996 against Disarrio and Great Life Builders for breach of a construction contract. After the Mills failed...

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