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NAT'L PREMIUM BUDGET v. ALL AMERICAN

No. 80-1283.

389 So.2d 324 (1980)

NATIONAL PREMIUM BUDGET PLAN CORPORATION, Appellant, v. ALL AMERICAN ASSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

October 21, 1980.

Attorney(s) appearing for the Case

Meyers, Kaplan, Levinson, Kenin & Richards and Bruce J. Berman, Miami, for appellant.

Smathers & Thompson and George Volsky and Jose R. Garcia-Pedrosa, Miami, for appellee.

Before SCHWARTZ and DANIEL S. PEARSON, JJ., and LILES, WOODIE A. (Ret.), Associate Judge.

PER CURIAM.

The order of the trial court setting aside a default and default judgment entered against All American Assurance Company is reversed with directions that the judgment in favor of National Premium Budget Plan Corporation be reinstated.

Excusable neglect sufficient to warrant vacating a default is not shown by mere proof that the defendant relied upon another to defend the action, see Allen v. Wright, 350 So.2d 111

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