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AACON AUTO TRANSPORT, INC. v. ABBIT

No. 81-1050.

423 So.2d 637 (1982)

AACON AUTO TRANSPORT, INC., Appellant, v. Ernest O. ABBIT, Appellee.

District Court of Appeal of Florida, Fourth District.

December 29, 1982.

Attorney(s) appearing for the Case

Richard W. Glenn of Albury, Park, Glenn & Heuer, West Palm Beach, for appellant.

Donald S. Hershman, Boca Raton, for appellee.

PER CURIAM.

This is an appeal from that portion of an order which denied appellant's motion to set aside default and vacate judgment. The affidavits filed by appellant dispelled appellee's prima facie showing of sufficiency of process and service of process. The affidavits further established excusable neglect on the part of counsel and meritorious defenses.1 Accordingly, we reverse and remand for proceedings consistent herewith.

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