DAVIDSON v. WARRIS

No. 80-714.

389 So.2d 323 (1980)

Paul A. DAVIDSON, Leah J. Davidson, and Padlea Equipment Co., a Florida Corporation, Appellants, v. Farouke WARRIS, Appellee.

District Court of Appeal of Florida, Third District.

October 21, 1980.


Attorney(s) appearing for the Case

Marks, Aronovitz & Leinoff and Tod Aronovitz, Miami, for appellants.

Levey, Levenstein & Cowan and Robert A Kanziger, Miami, for appellee.

Before HENDRY, NESBITT and DANIEL S. PEARSON, JJ.


PER CURIAM.

This interlocutory appeal is before us pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv) to review the trial court's order denying appellant's motion to vacate a clerk's default. We reverse the order on the grounds that: (1) the stipulated facts presented indicate that the cause had been actively litigated as demonstrated by the various court appearances made, depositions taken, communications between opposing counsel, and the relatively...

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