TREMBLAY v. MARCK

No. 78-2769.

378 So.2d 855 (1979)

Jean Marc TREMBLAY and Master Realty, Inc., Appellants, v. Donald L. MARCK and Constance G. Marck, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

December 19, 1979.


Attorney(s) appearing for the Case

Joseph DeGance of Jansen & DeGance, P.A., Fort Lauderdale, for appellants.

John L. Sutton, Pompano Beach, for appellees.


DOWNEY, Chief Judge.

The issue presented on this appeal concerns the trial court's exercise of discretion in setting aside a default and final judgment in favor of appellants. In our opinion, the trial judge's action constituted an abuse of discretion.

Appellants sued appellees for specific performance. Although served with process, appellees failed to answer and in due course a default was entered, followed by a final judgment for appellants. Approximately...

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