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MARSHALL DAVIS, INC. v. INCAPCO, INC.

No. 89-01520.

558 So.2d 206 (1990)

MARSHALL DAVIS, INC., D/B/a Einstein Financial, Appellant, v. INCAPCO, INC., D/B/a Telamarketing Communications of Tampa Bay, Appellee.

District Court of Appeal of Florida, Second District.

March 23, 1990.

Attorney(s) appearing for the Case

Graham H. Nicol of Stiles, Allen & Taylor, P.A., Tampa, for appellant.

Jeffrey L. Cohen of Kass, Hodges & Massari, Tampa, for appellee.

PARKER, Acting Chief Judge.

Appellant, Marshall Davis, Inc., d/b/a Einstein Financial, appeals a final judgment in favor of appellee, Incapco, Inc., d/b/a Telamarketing Communications of Tampa Bay, which final judgment was entered as a result of a default. We find the trial court abused its discretion in failing to set aside the default judgment and reverse.

Incapco filed suit against Marshall Davis on an open account. Incapco perfected service of process...

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