MERRILL L., P., F. & S., INC. v. PUBLISHER'S VEND. SERV., INC.

No. 74-221.

296 So.2d 570 (1974)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellant, v. PUBLISHER'S VENDING SERVICES, INC., A/k/A Publisher's Vending Service, Inc., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 18, 1974.


Attorney(s) appearing for the Case

Smathers & Thompson and Jose R. Garcia-Pedrosa, Miami, for appellant.

Sandler & Sandler, Nelson & Payton and Arthur S. Weitzner, Miami, for appellee.

Before BARKDULL, C.J., and HENDRY and HAVERFIELD, JJ.


PER CURIAM.

This is an interlocutory appeal taken by the garnishee in the trial court from an order denying its motion to set aside a default judgment. We reverse.

On November 27, 1973, the appellant was served with a writ of garnishment by the appellee at its Miami office. The writ was for any debts owed by the appellant to the defendant, A.P. McCorkle.

On December 18, 1973, 21 days later and one day late as provided by Fla. Stat. § 77.04, F...

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