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LEIBMAN v. SPORTATORIUM, INC.

No. 78-2669.

374 So.2d 1124 (1979)

Mark LEIBMAN, Petitioner, v. SPORTATORIUM, INC., a Florida Corporation, Respondent.

District Court of Appeal of Florida, Fourth District.

September 12, 1979.

Attorney(s) appearing for the Case

Elliott Heywood Lucas of Ser, DeCardenas, Levine, Busch & Allen, P.A., Miami, for petitioner.

Scott A. DiSalvo of Fazio, Dawson, Steinberg & DiSalvo, P.A., and Nancy Little Hoffman, Fort Lauderdale, for respondent.

PER CURIAM.

This petition for common law certiorari seeks to review an order setting aside a default entered by the Clerk after defendant failed to timely respond to plaintiff's complaint. For reasons set forth in Praet v. Martinez, 367 So.2d 657 (Fla. 3d DCA 1979), the petition for certiorari is denied. Even assuming the trial court's order vacating default to be a departure from the essential requirements of law, there...

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