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CINKAT TRANSP., INC. v. MARYLAND CASUALTY CO.

No. 91-2551.

596 So.2d 746 (1992)

CINKAT TRANSPORTATION, INC., Appellant, v. MARYLAND CASUALTY COMPANY, a/s/o Combined Carriers Co., Appellee.

District Court of Appeal of Florida, Third District.

March 31, 1992.

Attorney(s) appearing for the Case

Pyszka, Kessler, Massey, Weldon, Catri, Holton & Douberley and Edward D. Schuster, Fort Lauderdale, for appellant.

Myron M. Samole and Helene L. Daniel, Miami, for appellee.

Before BASKIN, LEVY and GERSTEN, JJ.

BASKIN, Judge.

Cinkat Transportation, Inc. [Cinkat], appeals an order denying its motion to vacate a default final judgment. We reverse.

Cinkat has met the three requirements for vacating a default. First, Cinkat demonstrated excusable neglect in failing to respond to plaintiff's complaint. Cinkat asserted, through its motion to vacate and attached affidavit, that its employee inadvertently misfiled and misplaced the summons and complaint, excusable neglect...

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