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ABRAY CONSTRUCTION COMPANY, INC. v. STAR SWIMMING POOLS, INC.

No. 82-2104.

426 So.2d 1046 (1983)

ABRAY CONSTRUCTION COMPANY, INC., Appellant, v. STAR SWIMMING POOLS, INC., and Richard Foburg, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 18, 1983.

Attorney(s) appearing for the Case

George J. Felos of Felos & Felos, Dunedin, for appellant.

James A. Helinger, Jr., Clearwater, for appellees.

SCHOONOVER, Judge.

This is an interlocutory appeal from an order vacating a final judgment based upon a default. We reverse.

Appellant, Abray Construction Company, plaintiff below, filed a complaint for damages against the appellees, Star Swimming Pools, Inc. and Richard Foburg. The appellees failed to respond to the complaint within twenty days after service of process, and the appellant obtained a default from the clerk. Shortly thereafter a final judgment...

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