GARCIA INS. AGENCY, INC. v. DIAZ

No. 77-1034.

351 So.2d 1137 (1977)

GARCIA INSURANCE AGENCY, INC., Appellant, v. Jennifer Joan DIAZ, Individually and Gino Diaz, by and through His Parents and Natural Guardians, Jennifer Joan Diaz and Benigno Diaz, Jr., Appellees.

District Court of Appeal of Florida, Second District.

November 18, 1977.


Attorney(s) appearing for the Case

Edward E. Fessenden, Jr. of Lane, Massey, Trohn, Clarke, Bertrand & Smith, P.A., Lakeland, for appellant.

Bernard C. Silver of Mitzel & Silver, Tampa, for appellees.


OTT, Judge.

The trial court denied appellant's motion to set aside a default. We reverse.

The appellant insurance agency was sued by appellee for alleged negligent failure to renew appellees' policy of automobile insurance including personal injury protection and uninsured motorist benefits. On March 23, 1977 service of the summons and complaint was made upon appellant's resident agent. On March 29, 1977 appellant forwarded the summons and complaint to the...

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