MONTGOMERY WARD AND COMPANY, INC. v. RICHARDS

No. S-281.

282 So.2d 191 (1973)

MONTGOMERY WARD AND COMPANY, INCORPORATED, Appellant, v. Charles A. RICHARDS, Appellee.

District Court of Appeal of Florida, First District.

September 6, 1973.


Attorney(s) appearing for the Case

Tracy Danese, Jacksonville, and Thomas F. Woods, of Woods & Johnston, Tallahassee, for appellant.

Gordon H. Lee, Jacksonville, for appellee.


JOHNSON, Judge.

In this interlocutory appeal there is only one question: Did the trial court abuse its discretion in denying the appellant's motion to vacate and set aside the default judgment which had been entered against the appellant for failure to plead to complaint?

It appears to this Court that the motion to vacate was well-founded in fact and that the trial court did abuse its discretion when it refused to set aside the default. The facts constituted...

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