ASSOCIATED MED. INS., INC. v. IMPERATORI

No. 76-550.

338 So.2d 74 (1976)

ASSOCIATED MEDICAL INSTITUTIONS, INC., d/b/a Hialeah Hospital, Appellant, v. Joseph IMPERATORI, Personal Representative of the Estate of Infant Imperatori, for the Use and Benefit of Said Estate, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 1, 1976.


Attorney(s) appearing for the Case

Preddy, Haddad, Kutner, Hardy & Josephs, Wicker, Smith, Blomqvist, Davant, McMath, Tutan & O'Hara, Miami, for appellant.

Beckham & McAliley and Carole A. Gardiner, Miami, for appellees.

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


PER CURIAM.

Defendant hospital appeals an order denying its motion to set aside default judgment.

In a wrongful death action a default was entered against Hialeah Hospital for failure to answer the complaint. The hospital filed a motion to set aside default stating that the failure to answer was due to excusable neglect and that it had "viable defenses." Attached to the motion was Robert Trimble's the hospital's administrator, affidavit stating that while...

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