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WINKY'S, INC. v. FRANCIS

No. 69-451.

229 So.2d 903 (1969)

WINKY'S, INC., Appellant, v. Ivy M. FRANCIS, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 26, 1970.

Attorney(s) appearing for the Case

Rose & Marlow and George C. Vogelsang, Miami, for appellant.

Markus, Winter & Spitale, Pozen, Gold & Gold, Miami, for appellee.

Before PEARSON, C.J., and HENDRY and SWANN, JJ.

PEARSON, Chief Judge.

This is an appeal by the defendant below from a final judgment and order denying its motion to set aside a default and final judgment. The trial judge made the following findings of fact:

"THIS CAUSE having come on to be heard before me this day on the Defendant's Motion to Set Aside Default Judgment and Final Judgment and the Court having heard testimony of the witness, MAX KRIEGER, as resident agent of Winky's Inc., and CHARLES W....

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