KAY v. SWIMMER

No. 62-327.

151 So.2d 353 (1963)

Sanford KAY and Rebecca Kay, his wife, Appellants, v. Joseph SWIMMER and Elaine Swimmer, his wife, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 16, 1963.


Attorney(s) appearing for the Case

L.J. Cushman, Miami, for appellants.

Sibley, Grusmark, Giblin, King & Levenson, Miami Beach, for appellees.

Before PEARSON, TILLMAN, C.J., and HORTON and HENDRY, JJ.


HORTON, Judge.

Appellants, defendants below, seek review of an adverse final judgment by default which was entered consequent upon their failure to attend and submit themselves for depositions upon oral interrogatories after being duly served with notice pursuant to the Florida Rules of Civil Procedure. The judgment was entered under the aegis of Rule 1.31(d), Florida Rules of Civil Procedure, 30 F.S.A., and based solely upon the complaint and certain exhibits attached...

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