SAFECO INS. CO. OF AMERICA v. WARE

No. 80-2119.

401 So.2d 1129 (1981)

SAFECO INSURANCE COMPANY OF AMERICA, a Corporation, Appellant, v. Lawrence Aaron WARE, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 26, 1981.


Attorney(s) appearing for the Case

Michael B. Davis of Walton, Lantaff, Schroeder & Carson, West Palm Beach, for appellant.

K. Jack Breiden of Law Office of E. Louis Fields, P.A., Fort Lauderdale, for appellee.


DOWNEY, Judge.

The trial court struck as frivolous appellant's motion to dismiss, which was directed to appellee's complaint, and entered a default judgment against appellant. This appeal involves the propriety of that judgment.

Appellee sued appellant and others for damages arising out of an automobile accident. Appellant initially moved for an enlargement of time within which to plead. While that motion was pending, but as yet unheard because of calendar...

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