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GOLDOME v. DAVIS

No. 89-03091.

567 So.2d 909 (1990)

GOLDOME, a New York Savings Bank, Appellant, v. Stella S. DAVIS, Appellee.

District Court of Appeal of Florida, Second District.

August 31, 1990.

Attorney(s) appearing for the Case

Sharon A. Meininger, St. Petersburg, for appellant.

James A. Neel, North Fort Myers, for appellee.

LUTEN, CLAIRE K., Associate Judge.

Goldome has appealed the trial court's order setting aside a final judgment and writ of garnishment issued after a default. We reverse the trial court's order because the defendant, Stella S. Davis, did not establish a legal excuse for failing to respond to the complaint.

Goldome caused Davis to be served a two-count complaint on February 4, 1988. Count I was an action to foreclose a mortgage; count II was an action for damages...

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