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THOMAS v. AMERICAN VINYL COMPANY

No. 79-1401.

379 So.2d 448 (1980)

Cyrus H. THOMAS and Industrial Vinyls, Inc., Appellants, v. AMERICAN VINYL COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

February 5, 1980.

Attorney(s) appearing for the Case

Howard, Brawner, Lovett & Bender and Philip L. Brawner, Miami, for appellants.

Greenberg & Murray and Donald J. Murray, Miami, for appellee.

Before HENDRY, HUBBART and NESBITT, JJ.

PER CURIAM.

The final judgment under review is affirmed as to the appellant Industrial Vinyls, Inc. The final judgment under review is reversed as to the appellant Cyrus H. Thomas upon a holding that the trial court erred in denying the appellant Thomas' motion to vacate the clerk's default herein under Fla.R.Civ.P. 1.500(d) as: (a) the appellant Thomas established excusable neglect in failing to timely respond to the complaint herein especially when compared against...

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