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CARTER, HAWLEY, HALE STORES v. WHITMAN

No. 87-1781.

516 So.2d 83 (1987)

CARTER, HAWLEY, HALE STORES, INC., a Delaware Corporation, Appellant, v. Stanley WHITMAN, Dudley A. Whitman and William F. Whitman D/B/a Bal Harbour Shops, Appellees.

District Court of Appeal of Florida, Third District.

December 8, 1987.

Attorney(s) appearing for the Case

Blackwell, Walker, Fascell & Hoehl and Anthony D. Dwyer and Diane Tutt, Miami, for appellant.

Katz, Barron, Squitero & Faust and Robert C. Grady, Miami, for appellees.

Before SCHWARTZ, C.J., and BASKIN and DANIEL S. PEARSON, JJ.

SCHWARTZ, Chief Judge.

This is an appeal from an order denying a motion to vacate a default. The record shows that the tardiness in answering was occasioned by a neglectful, but understandable, breakdown in the corporate defendant's established practice which occurred when the complaint, which had been transmitted from Florida to the corporate secretary at the company's national headquarters in Los Angeles, became "lost" in a pile of unrelated documents on

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