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YELVINGTON TRANSPORT v. HERSMAN

No. 87-1341.

513 So.2d 1361 (1987)

YELVINGTON TRANSPORT, INC., and William Harry Lampkin, Appellants, v. Enrique HERSMAN, Appellee.

District Court of Appeal of Florida, Third District.

October 21, 1987.

Attorney(s) appearing for the Case

Conroy, Simberg, Wilensky & Lewis and Steven J. Chackman, Hollywood, for appellants.

Fromberg, Fromberg, Gross, Shore, Lewis & Rogel and Malcolm Fromberg, Coral Gables, for appellee.

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

PER CURIAM.

This is an appeal by the defendants Yelvington Transport, Inc. and William Harry Lampkin from a non-final order denying the defendants' motion to set aside two clerk's defaults. See Fla.R.Civ.P. 1.500(d). We reverse the order under review based on the following briefly stated legal analysis.

First, the defendants, by sworn affidavits, established excusable neglect in failing to timely respond to the complaint filed below by the plaintiff...

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