FARMERS PRODUCTS, ETC. v. EMPERADOR SEAFOODS

No. 81-2154.

416 So.2d 889 (1982)

FARMERS PRODUCTION CREDIT ASSOCIATION, Appellant, v. EMPERADOR SEAFOODS, INC., Thomas F. Furtado and Lauren W. Furtado, Appellees.

District Court of Appeal of Florida, Fourth District.

July 14, 1982.


Attorney(s) appearing for the Case

Alan M. Sandler of Sandler & Holtsberg, Miami, for appellant.

No appearance for appellees.


HERSEY, Judge.

This is a timely appeal pursuant to Rule 9.130(a)(5), Florida Rules of Appellate Procedure, from a non-final order setting aside a final judgment entered after default.

A defendant is entitled to relief from a default judgment if he can demonstrate that his neglect to respond to the action was excusable, that he used due diligence in seeking relief upon learning of the default and that he had a meritorious defense. County National Bank of...

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