SANTOS v. 47 SERVICE STATION, INC.

No. 92-1246.

613 So.2d 547 (1993)

Zelia Luzia SANTOS, Appellant, v. 47 SERVICE STATION, INC., D/B/a Pass Rent-a-Car, Appellee.

District Court of Appeal of Florida, Third District.

February 2, 1993.


Attorney(s) appearing for the Case

Rosner & Simon, and Eric R. Hoecker, Miami, for appellant.

Mark S. Sussman, North Miami Beach, Pomeranz & Landsman, and Mark L. Pomeranz, North Miami, for appellee.

Before SCHWARTZ, C.J., and LEVY and GERSTEN, JJ.


PER CURIAM.

As correctly conceded by the appellee, the award of attorney's fees in this case was improper due to the fact that the record does not reflect any statutory or contractual basis for such an award. Accordingly, the trial court's award of attorney's fees herein is reversed.

The trial court was correct in denying the motion to set aside the default based on its finding of "no good cause shown". Clearly, under the law of this State, the fact that a...

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