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WESTERN LIFE INS. CO. v. KESSLER

No. 83-882.

442 So.2d 1006 (1983)

WESTERN LIFE INSURANCE COMPANY, Appellant, v. Barbara L. KESSLER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 16, 1984.

Attorney(s) appearing for the Case

Carey, Dwyer, Cole, Eckhart, Mason & Spring and Harriet Lewis, Miami, for appellant.

Horton, Perse & Ginsberg and Arnold R. Ginsberg, Carroll, Halberg & Meyerson, Miami, for appellee.

Before HENDRY, BARKDULL and DANIEL S. PEARSON, JJ.

PER CURIAM.

We reverse the trial court's order denying the defendant's motion to set aside a default and default judgment. Because the defendant's motion and supporting affidavits quite clearly established that its neglect in failing to timely respond to the plaintiff's complaint was excusable under the indistinguishable authority of, for example, North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla. 1962); Misty Lake...

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