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JORDAN v. WILLIAMS

No. FF-425.

350 So.2d 551 (1977)

Johnny JORDAN, Appellant, v. Frances WILLIAMS and the State of Florida, Department of Health and Rehabilitative Services, Appellee.

District Court of Appeal of Florida, First District.

October 6, 1977.

Attorney(s) appearing for the Case

Elwin R. Thrasher, Jr. of Dye & Thrasher, Tallahassee, for appellant.

Harry Morrison, State's Atty., Joseph R. Boyd, Asst. State's Atty., for appellee.

PER CURIAM.

Jordan filed his interlocutory appeal from an order vacating default, subject to the condition that the affirmative defense of the statute of limitations not be raised. We hold the order vacating the default may not be so conditioned. However, we remand to the trial court with directions that Jordan be allowed to file supporting proof as to his alleged meritorious defense relating to the statute of limitations...

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