ZWICKEL v. KLC, INC.

No. 84-2580.

464 So.2d 1280 (1985)

Roy ZWICKEL, Appellant, v. KLC, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 1, 1985.


Attorney(s) appearing for the Case

Ritter & Ritter and John A. Ritter, Miami, for appellant.

Ullman & Ullman and Howard Ullman, North Miami Beach, for appellee.

Before HENDRY, NESBITT and FERGUSON, JJ.


PER CURIAM.

The counterdefendant, Zwickel, appeals an order denying his motion to set aside a default. We reverse.

Default was entered in this cause on September 5, 1984. Two days later, Zwickel filed his answer which denied most of the allegations in the counterclaim and contained an affirmative defense. He then proceeded with due diligence in filing a motion to vacate the default pursuant to Florida Rule of Civil Procedure 1.540 on September 13, 1984. The...

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