ABEL, TONY & ALDO CREATIVE GROUP, INC. v. FRIDAY NIGHT INVESTORS, INC.

No. 82-763.

419 So.2d 1135 (1982)

ABEL, TONY AND ALDO CREATIVE GROUP, INC., Appellant, v. FRIDAY NIGHT INVESTORS, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 20, 1982.


Attorney(s) appearing for the Case

Leonardo P. Mendez, Miami, for appellant.

Sams, Gerstein & Ward and Paul M. Rashkind, Miami, for appellee.

Before SCHWARTZ, BASKIN and JORGENSON, JJ.


SCHWARTZ, Judge.

The order vacating the final default judgment is reversed for reinstatement of the judgment because neither of the two indispensable prerequisites for granting that relief was demonstrated below. The affidavit of the defendant's president that he had referred the complaint to an attorney whom he "thought" had responded was insufficient to demonstrate excusable neglect, particularly since the plaintiff subsequently gave notice, which was not responded...

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