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LENHAL REALTY, INC. v. TRANSAMERICA COMMERCIAL FINANCE CORP.

No. 92-1736.

611 So.2d 79 (1992)

LENHAL REALTY, INC., Appellant, v. TRANSAMERICA COMMERCIAL FINANCE CORPORATION, as successor in interest to Borg Warner Leasing, a division of Borg Warner Acceptance Corporation, Florida Eastern Development Company, Inc., of Hollywood, a Florida corporation, d/b/a Ruffys, Rose Labarca, individually and Constenzo Labarca, individually, Glendale Federal Bank, a Federal Savings Bank f/k/a First Federal Savings & Loan Association of Broward County, Resolution Trust Corporation, as Conservator for Hollywood Federal Savings Bank, a Federal Savings Bank f/k/a Hollywood Federal Savings & Loan Association and Russell T. Kohuth, individually, Appellees.

District Court of Appeal of Florida, Fourth District.

December 30, 1992.

Attorney(s) appearing for the Case

Glen H. Waldman and Nancy W. Gregoire of Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellant.

Christopher Q. Wintter and Kenneth J. Miller of Wintter & Cummings, Hollywood, for appellee Transamerica Commercial Finance Corp.

PER CURIAM.

Lenhal Realty appeals from an order that denies its motion to vacate a default. We reverse.

Appellees' motion for default was set for hearing on March 17, 1992, at 8:45 a.m. Appellants did not attend the hearing, but filed a motion to dismiss plaintiffs' complaint and motion to strike at 9:15 a.m. on March 17, as evidenced by the clerk's stamp. At the hearing, the trial court granted appellees' motion for default against appellants; however, that...

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