DOANE v. O'DONNELL

No. 84-559.

467 So.2d 424 (1985)

Joseph C. DOANE, M.D., Appellant, v. Raymond M. O'DONNELL and Mary O'Donnell, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied May 9, 1985.


Attorney(s) appearing for the Case

Robert M. Klein and Debra L. Neimark of Stephens, Lynn, Chernay, Klein & Zuckerman, P.A., Miami, for appellant.

Edna L. Caruso of Edna L. Caruso, P.A., and Kocha & Houston, P.A., West Palm Beach, for appellees.


Rehearing and Rehearing En Banc Denied May 9, 1985.

PER CURIAM.

The record in this case discloses: (1) an unrebutted showing of excusable neglect for failing to file a responsive pleading, (2) a meritorious defense and (3) the exercise of due diligence to set aside a default final judgment. Consequently, we reverse the trial court's order denying appellant/defendant's motion to set aside a default and final judgment on the authority of Edwards v. City of...

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