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SUNNILAND BANK v. MOSLEY

No. 95-0234.

659 So.2d 1184 (1995)

SUNNILAND BANK, Appellant, v. John E. MOSLEY and Jeanette Mosley, Lakeview Village, Inc., Lakeview Village II, Inc., and S & F Builders, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 2, 1995.

Attorney(s) appearing for the Case

William E. Blyler of William E. Blyler, P.A., Coral Springs, and Gary I. Handin of Gary I. Handin, P.A., Lauderhill, for appellant.

Mark S. Grand of Grand & Grand, P.A., Hollywood, for appellees — John E. Mosley and Jeanette Mosley.

PER CURIAM.

This is an appeal from an order denying relief from a final judgment of default. Appellant claims it is entitled to relief because its answer to the complaint was served on the same day the clerk entered the default, citing Gibraltar Serv. Corp. v. Lone and Associates, Inc., 488 So.2d 582 (Fla. 4th DCA 1986). We agree that Gibraltar is controlling and the default should have been vacated. Therefore, we...

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