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ROBERTS v. SAFEWAY INSURANCE COMPANY

No. 92-1495.

610 So.2d 700 (1992)

Emmanuel ROBERTS, Appellant, v. SAFEWAY INSURANCE COMPANY, as subrogee of Jacqueline Rahmings, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 2, 1993.

Attorney(s) appearing for the Case

Linda M. Smith, North Miami, for appellant.

Gary Kornfield, North Miami Beach, for appellee.

Before JORGENSON, GERSTEN and GODERICH, JJ.

PER CURIAM.

Emmanuel Roberts appeals from an order denying his motion to set aside a default judgment. For the following reasons, we reverse.

On April 18, 1991, Safeway Insurance Company filed a subrogation action against Emmanuel Roberts for damages stemming from an accident involving Roberts' truck. Roberts' wife accepted service of the complaint, but never gave it to her husband or told him about it. On June 28, 1991, a default judgment was entered against...

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