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HALL v. BYINGTON

No. 82-564.

421 So.2d 817 (1982)

Mary HALL, Appellant, v. Eleanore Florence BYINGTON and Rinker Materials Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

November 17, 1982.

Attorney(s) appearing for the Case

Larry M. Mesches of Altman, Colin & Friedland, Lake Worth, for appellant.

Jerry Oxner, West Palm Beach, for appellee, Byington.

GLICKSTEIN, Judge.

This is an appeal from an order which set aside a default final judgment. We reverse and remand.

We start with the premise that in order to vacate the default judgment, it was incumbent upon appellee to establish both excusable neglect by her lawyer and a meritorious defense to appellant's complaint. Bags By Ande, Inc. v. Schilling, 406 So.2d 536 (Fla. 4th DCA 1981).

The former must be established...

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