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MYERS v. MARTIN

No. 92-2364.

609 So.2d 783 (1992)

Eugene E. MYERS, Appellant/Cross Appellee, v. Phyllis E. MARTIN and William J. Martin, her husband, jointly and severally, Appellees/Cross Appellants.

District Court of Appeal of Florida, Fourth District.

December 30, 1992.

Attorney(s) appearing for the Case

Terry E. Resk and Susan Yoffee of Fleming, Haile, Shaw & Gundlach, P.A., North Palm Beach, for appellant/cross appellee.

William H. Pruitt of Pruitt & Pruitt, P.A., West Palm Beach, for appellees/cross appellants.

PER CURIAM.

We affirm the trial court's order which vacated the final judgment but reverse the trial court's order which denied appellant's motion to vacate the default entered against him and remand with direction to vacate same.

The facts of this case, in our view, clearly establish excusable neglect, a meritorious defense and diligent action after learning of the default. See Somero v. Hendry Gen. Hosp.,

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