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AETNA LIFE & CASUALTY COMPANY v. THORN

No. 74-1630.

319 So.2d 82 (1975)

AETNA LIFE & CASUALTY COMPANY, Appellant, v. Margaret M. THORN and Her Son, Stephen Thorn, a Minor, by and through His Mother and Natural Guardian, Margaret Thorn, Appellees.

District Court of Appeal of Florida, Third District.

September 30, 1975.

Attorney(s) appearing for the Case

Stephens, Magill, Thornton & Sevier, Miami, for appellant.

Sepler & Sussman and Irma V. Hernandez, Hialeah, for appellees.

Before PEARSON, HENDRY and HAVERFIELD, JJ.

PEARSON, Judge.

The question to be decided here is whether a judgment should be set aside when it appears after judgment that the trial judge should not have tried the case because of an affinity of relationship.1 We hold that the judgment should be set aside where no substantial injustice will result by reason of the delay and it appears that the defect was made the basis of a motion as soon as discovered.

The appellant, Aetna...

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