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HERRICK v. SOUTHEAST BANK, N.A.

No. 86-2202.

512 So.2d 1029 (1987)

Peter Stanwood HERRICK and Ingrid S. Herrick, Appellants, v. SOUTHEAST BANK, N.A., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 13, 1987.

Attorney(s) appearing for the Case

Cohen & Silver and Robert H. Yaffe and Patricia Silver, Miami, for appellants.

Haley, Sinagra, Perez and Sara R. Robinson, Miami, for appellee.

Before SCHWARTZ, C.J. and NESBITT and BASKIN, JJ.

SCHWARTZ, Chief Judge.

If a defendant, however reasonably, relies on another to defend an action against him, he may seek relief from the consequences of the latter's failure timely to do so only if that person has been excusably neglectful.1 National Premium Budget Plan Corp. v. All American Assurance Co., 389 So.2d 324, 325 (Fla. 3d DCA 1980) ("Excusable neglect sufficient to warrant vacating...

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