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TARK ENTERPRISES, INC. v. SIEDLECKI

No. 84-1312.

458 So.2d 1181 (1984)

TARK ENTERPRISES, INC., Appellant, v. Cynthia SIEDLECKI, Appellee.

District Court of Appeal of Florida, Fourth District.

November 7, 1984.

Attorney(s) appearing for the Case

Richard A. Sherman of Law Offices of Richard A. Sherman, Fort Lauderdale, for appellant.

Lawrence M. Weiner of Law Offices of Lawrence M. Weiner, North Miami Beach, for appellee.

GLICKSTEIN, Judge.

This is an appeal from a non-final order, denying appellant's motion to set aside a default. We reverse and remand.

On June 11, 1983, appellee Cynthia Siedlecki ate raw clams at Tark's restaurant and allegedly took sick, with resulting hospitalization and medical treatment. On August 9, 1983, Mrs. Siedlecki's lawyer notified Tark Enterprises, Inc., of her claim for personal injuries. Tark contacted its insurer,

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