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AMERICAN LIBERTY INSURANCE COMPANY v. MADDOX

No. 70-429.

238 So.2d 154 (1970)

AMERICAN LIBERTY INSURANCE COMPANY, an Alabama Corporation Duly Authorized to Do Business in the State of Florida, Appellant, v. William Kent MADDOX, a Minor Child, by His Mother and Next Friend, Joan B. Maddox, Appellee.

District Court of Appeal of Florida, Second District.

July 24, 1970.

Attorney(s) appearing for the Case

Daniel N. Burton of Pope & Burton, Tampa, for appellant.

Jack B. McPherson, of Allgood, McPherson & Cobb, New Port Richey, for appellee.

Amicus curiae brief by Thomas A. Waddell and William B. Corbett, Jr., Asst. Gen. Counsel, Tallahassee, Office of Broward Williams, Insurance Commissioner and State Treasurer.

McNULTY, Judge.

Pursuant to Rule 4.2, F.A.R., 32 F.S.A. defendant-appellant brings this interlocutory appeal from an order denying its motion to set aside a default judgment as to liability entered in appellee's negligence action. We reverse.

The facts are undisputed. Appellant is an Alabama insurance company authorized to do business in this state. Appellee sued appellant herein by complaint filed November 13, 1969...

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