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TURNER PROPERTIES, INC. v. MARCHETTA

No. 90-1379.

607 So.2d 506 (1992)

TURNER PROPERTIES, INC., a New York corporation, Betsy Lee Turner, individually and Ivan Gati, individually, Appellants, v. Arthur MARCHETTA, Charter Investments Realty, Inc., a Florida corporation, and Joseph Weiselberg, Appellees.

District Court of Appeal of Florida, Third District.

November 10, 1992.

Attorney(s) appearing for the Case

Miller and Russell, and Edgar Miller, Coral Gables, and Kenneth L. Paretti, Miami, for appellants.

Morgan, Lewis & Bockius, and Thomas A. Dye and Nancy A. Copperthwaite, Miami, for appellees.

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

COPE, Judge.

Turner Properties, Inc., Betsy Turner and Ivan Gati, defendants below, appeal a final judgment entered in favor of plaintiffs. We reverse.

When the case was called for trial, defendants failed to appear.1 The court entered a default against them on liability and struck their pleadings. The case went to the jury on damages only.

The default cannot be sustained on the...

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