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D.P.S. INDUSTRIES, INC. v. HASKELL CO.

No. 90-2574.

583 So.2d 436 (1991)

D.P.S. INDUSTRIES, INC., Appellant, v. The HASKELL COMPANY, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

August 8, 1991.

Attorney(s) appearing for the Case

S. LaRue Williams and Lawrence G. Walters, of Kinsey, Vincent, Pyle, P.A., Daytona Beach, for appellant.

William D. Brinton of Allen, Brinton & Simmons, P.A., Jacksonville, for appellees.

DAUKSCH, Judge.

This is an appeal from a denial of a motion to set aside a judgment.

Because appellee did not give proper notice to appellant when it moved for summary judgment we quash the order of denial, vacate the judgment and remand this matter to the trial court for further proceedings.

Order QUASHED; VACATED and REMANDED.

GOSHORN, C.J., and PETERSON...

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