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ORLANDO PARTNERS, LTD. v. CLASSIC TOUR LINES

No. 86-58.

492 So.2d 1117 (1986)

ORLANDO PARTNERS, LTD., D/B/a Sheraton Orlando International Airport Inn, Appellant, v. CLASSIC TOUR LINES, Robert LaPointe, a/K/a Bob LaPointe and Joyce LaPointe, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 10, 1986.

Attorney(s) appearing for the Case

Elliot L. Miller, Miami Beach, for appellant.

Richard B. Austin, Miami, for appellees.

Before SCHWARTZ, C.J., and HENDRY and HUBBART, JJ.

HENDRY, Judge.

Plaintiff Orlando Partners, Ltd. appeals a non-final order setting aside a judgment and vacating a default entered against Robert and Joyce LaPointe, a husband and wife.

The issue on appeal is whether the wife's and the husband's affidavits established the requisite excusable neglect for granting relief from judgment. Fla.R.Civ.P. 1.540(b).

The wife's affidavit stated that she had been served with the summons and complaint and that she...

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