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McKINZIE v. HOLLYWOOD, INC.

No. 80-2128.

397 So.2d 1195 (1981)

Herschel McKINZIE, Jr., a Minor by and through His Parents and Next Friends, Herschel McKinzie, Sr. and Marilyn McKinzie and Herschel McKinzie, Sr. and Marilyn McKinzie, Individually, Appellants, v. HOLLYWOOD, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 27, 1981.

Attorney(s) appearing for the Case

Stephen G. Fischer of Fox & Fischer, P.A., Miami, for appellants.

Richard A. Sherman of Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara & McCoy, Miami, for appellee.

PER CURIAM.

This interlocutory appeal is from an order setting aside a default entered by the clerk after appellant failed to timely respond to appellants' complaint. The order may not be the subject of an interlocutory appeal. Leibman v. Sportatorium, Inc., 374 So.2d 1124 (Fla. 4th DCA 1979).

Accordingly, we sua sponte dismiss the appeal.

APPEAL DISMISSED.

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