MARTINEZ v. KANITZ

No. 71-417.

254 So.2d 405 (1971)

Serafin MARTINEZ and Preferred Risk Mutual Insurance Co., an Ohio Corporation Authorized to Do Business in the State of Florida, Appellants, v. Eugene E. KANITZ, Individually, and Myra D. Kanitz, a Minor by and through Father and Next Best Friend, Eugene E. Kanitz, Appellees.

District Court of Appeal of Florida, Third District.

November 9, 1971.


Attorney(s) appearing for the Case

Vernis & Bowling, Coconut Grove, for appellants.

Tobin, Yochomowitz & Gold, Miami, for appellees.

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


PER CURIAM.

Defendants take this interlocutory appeal from an order which denied their Supplemental Motion to set aside a default. See Rule 4.2(a), F.A.R., 32 F.S.A. No final judgment has ever been rendered in this case.

The individual defendant Martinez was served on December 7th and the defendant insurance company on December 9, 1970. They had 20 days thereafter in which to plead or answer. Plaintiffs filed a motion for default on December 29, 1970 and default...

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