BEZTAK CONST. CO. v. KESLING CARPETS, INC.

No. 91-02399.

596 So.2d 1297 (1992)

BEZTAK CONSTRUCTION COMPANY, a Michigan corporation, and Beztak of Palmer Ranch Limited Partnership, a Michigan limited partnership, By and Through its authorized agent Wallace J. MacDonald, Appellants, v. KESLING CARPETS, INC., a DIVISION OF OLD MILL INDUSTRIES, INC., Appellee.

District Court of Appeal of Florida, Second District.

May 1, 1992.


Attorney(s) appearing for the Case

Deborah Marks, North Miami, and Krongold, Bass, Todd & Marks, P.A., Coral Gables, for appellants.

Margot Pequignot of McMullen, Everett, Logan, Marquardt & Cline, P.A., Palm Harbor, for appellee.


DANAHY, Judge.

The appellants appeal an order denying their motion to vacate a clerk's default and a final default judgment entered thereon ex parte. We reverse.

On March 26, 1991, a complaint by the appellee (Kesling) was served upon the registered agent of the appellants (Beztak). On April 16, 1991, twenty-one days after service, Beztak's attorney served by mail a notice of appearance and a motion for extension of time. On the same date, Kesling obtained...

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