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DeCARLO v. HUBBARD

No. 90-0735.

571 So.2d 82 (1990)

Anthony DeCARLO and Lenar DeCarlo, Appellants, v. Keith HUBBARD, Appellee.

District Court of Appeal of Florida, Fourth District.

December 12, 1990.

Attorney(s) appearing for the Case

Christopher Lynch of Adams Hunter Angones Adams Adams & McClure, Miami, for appellants.

Philip M. Warren, Pompano Beach, for appellee.

HERSEY, Chief Judge.

This appeal concerns an order denying a motion to vacate a default. The trial court declined to accept appellants' explanation for their failure to file a responsive pleading as "excusable neglect." We agree, based upon the rationale of Somero v. Hendry General Hosp., 467 So.2d 1103 (Fla. 4th DCA), rev. denied, Hayslip v. Somero, 476 So.2d 674 (Fla. 1985). The affidavit appellants submitted to...

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