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BIL-JAX, INC. v. WILLIAMSON

No. 4-86-0646.

497 So.2d 1350 (1986)

BIL-JAX, INC., Appellant, v. Charles WILLIAMSON and Benson and Sons, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

December 3, 1986.

Attorney(s) appearing for the Case

Jeffrey A. Blaker of Thornton Herndon & Mastrucci, Miami, for appellant.

Evelyn M. Merchant of Simons, Simons and Tobin, Fort Lauderdale, for appellee Williamson.

GUNTHER, Judge.

We affirm the trial court's order denying Bil-Jax, Inc.'s (Bil-Jax) motion to vacate a final judgment on default. The trial court did not grossly abuse its discretion in denying the motion because the movant failed to show facts necessary to support a finding of excusable neglect by the insurer's New York attorney.

In the instant case, the New York attorney of Bil-Jax's insurer failed to assign a Florida counsel to defend this lawsuit. As a...

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