SAMS FOOD STORE, INC. v. ALVAREZ

No. 83-1346.

443 So.2d 211 (1983)

SAMS FOOD STORE, INC., Appellant, v. Daysee ALVAREZ, Appellee.

District Court of Appeal of Florida, Third District.

December 13, 1983.


Attorney(s) appearing for the Case

Mottlau & Wakefield, Daniels & Hicks and Elizabeth K. Clarke, Miami, for appellant.

No appearance for appellee.

Before SCHWARTZ, C.J., and HENDRY and FERGUSON, JJ.


PER CURIAM.

This is an appeal from an order of the Circuit Court of Dade County, Florida denying appellant's motion to set aside a default entered against it in a negligence action. Appellant denied that it had ever been served and the trial judge entered an order setting forth that the appellant had never been served, notwithstanding the sheriff's return showing service.

The sole point on appeal is whether the trial...

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