MORTON v. BROOKS

No. 74-1700.

319 So.2d 100 (1975)

Samuel Alan MORTON, Appellant, v. Richard BROOKS, a/K/a Tony Brooks, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

October 3, 1975.


Attorney(s) appearing for the Case

William F. Mackey of Chesley V. Morton & Associates, Fort Lauderdale, for appellant.

Tracy E. Stafford, Fort Lauderdale, for appellees.


PER CURIAM.

We have reviewed the briefs and record in this cause and find that under the circumstances presented to the trial court the appellant has failed to show the trial court abused his broad discretion in vacating the default judgment. We note that the order appealed from was based not only upon appellees' written motion to vacate but also upon testimony taken at the hearing on said motion, which testimony is not contained in the record on appeal.

Affirmed...

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