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KUEHNE & NAGEL, INC. v. ESSER INTERN., INC.

No. 84-2040.

467 So.2d 457 (1985)

KUEHNE & NAGEL, INC., a Florida Corporation, Appellant, v. ESSER INTERNATIONAL, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

April 16, 1985.

Attorney(s) appearing for the Case

Cooper, Shahady, Frazier, Pugatch & Meyer and Michael J. Styles, Fort Lauderdale, for appellant.

Ronald L. Giroux, Abney, Diliberto, Booth, Sibley & Guttieres, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.

SCHWARTZ, Chief Judge.

On July 24, 1984, the day after the defendant-appellant's answer was due, the plaintiff took a default. On July 30, the defendant filed a motion to vacate which indisputably demonstrated several meritorious defenses and showed that the brief delay in pleading was caused by "excusable neglect," that is, the action of a clerk in the office of the defendant's New York attorney who mistakenly removed the complaint and summons from counsel's desk...

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