FUNDARO v. CANADIANA CORP.

No. 80-1997.

409 So.2d 1099 (1982)

Peter FUNDARO, Appellant, v. CANADIANA CORPORATION, a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 9, 1982.


Attorney(s) appearing for the Case

Randolph Braccialarghe and Robert A. Ware of English, McCaughan & O'Bryan, Fort Lauderdale, for appellant.

Joel D. Kenwood of Baskin & Sears, Boca Raton, for appellee.


LETTS, Chief Judge.

An individual co-defendant appeals the trial court's refusal to set aside a default entered in favor of a second corporate co-defendant, the former having failed to answer a cross claim filed against him by the latter. We reverse.

The plaintiff in the original complaint named both the individual, who is the appellant before this court, and the corporate appellee as co-defendants; however, the individual co-defendant was never served with...

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