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GARCIA v. MARRERO

No. 89-1178.

549 So.2d 772 (1989)

Eligio GARCIA, Appellant, v. Carlos L. MARRERO, Appellee.

District Court of Appeal of Florida, Third District.

October 3, 1989.

Attorney(s) appearing for the Case

Howland & Krieger and David R. Howland, Coral Gables, for appellant.

Fred G. Prichason, North Miami Beach, and David Jove, for appellee.

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

PER CURIAM.

Affirmed.

SCHWARTZ, C.J., and BASKIN, J., concur.

COPE, Judge (dissenting).

Although there was neglect on the part of appellee Marrero, in my view the neglect was excusable, and Marrero acted promptly to move to set aside the default. Florida has a "long standing policy of liberality toward the vacating of defaults[,]" and "`in a case of reasonable doubt, where there has been no trial...

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