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NEWKIRK v. FLA. INS. GUARANTY ASS'N., INC.

No. 84-772.

464 So.2d 1256 (1985)

Sylvia NEWKIRK, Appellant, v. FLORIDA INSURANCE GUARANTY ASSOCIATION, INC., a Florida Corporation, and Pic `N' Pay Supermarket # 9, Inc., a Florida Corporation, d/b/a Earl's Market, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 1, 1985.

Attorney(s) appearing for the Case

Wolfson & Diamond and Michael J. Schwartz, Miami Beach, for appellant.

Preddy, Kutner & Hardy and G. William Bissett, Miami, for appellees.

Before HENDRY, BASKIN and JORGENSON, JJ.

PER CURIAM.

Under the facts herein, section 631.67, Florida Statutes (1983), did not furnish a basis for vacating the default judgment in favor of Newkirk. Appellees were required to proceed under Florida Rule of Civil Procedure 1.540(b). Appellees' motions to vacate the default judgment did not sufficiently allege excusable neglect, nor did they aver the existence of a meritorious defense. Further, the motions were not supported by affidavit or other sworn statement...

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