SMITH v. HOME INS. CO.

No. 77-2574.

363 So.2d 159 (1978)

Dennis SMITH, Appellant, v. HOME INSURANCE COMPANY and American Foreign Insurance Association, D/B/a A.F.I.A. Home Indemnity Company, Appellees.

District Court of Appeal of Florida, Fourth District.

September 27, 1978.


Attorney(s) appearing for the Case

Larry Klein, and Cone, Owen, Wagner, Nugent, Johnson & McKeown, P.A., West Palm Beach, for appellant.

Eugene L. Heinrich of McCune, Hiaasen, Crum, Ferris & Gardner, Fort Lauderdale, for appellees.


PER CURIAM.

AFFIRMED.

DOWNEY, C.J., and MOORE, J., concur.

BERANEK, J., dissents with opinion.

BERANEK, Judge, dissenting:

This is an interlocutory appeal from an order vacating a default. The only proof in support of the motion to vacate the default was the sworn motion itself. This motion was sworn to by counsel of record and although counsel obviously had certain facts within his own personal knowledge, the affidavit contains numerous...

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