TECHVEND, INC. v. PHOENIX NETWORK, INC.

No. 89-2299.

564 So.2d 1145 (1990)

TECHVEND, INC., Appellant, v. The PHOENIX NETWORK, INC. a Florida Corporation and Madlee Enterprises, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 23, 1990.


Attorney(s) appearing for the Case

Michael D. Gelety, Fort Lauderdale, for appellant.

Mishan, Sloto, Hoffman & Greenberg and Julie Feigeles, Miami, for appellees.

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


SCHWARTZ, Chief Judge.

This appeal is from a judgment entered on a default. While there is an indication that the default was initially erroneously entered, it is uncontradicted that the defendant-appellant did not move to set aside the judgment until more than three months after it became aware of its existence and did not file supporting affidavits until two months after that. It is entirely clear that such a delay constituted a lack of the due diligence which is...

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