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OPTI, INC. v. SALES ENGINEERING CONCEPTS, INC.

No. 97-1620.

701 So.2d 1234 (1997)

OPTI, INC., a California corporation, Appellant, v. SALES ENGINEERING CONCEPTS, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

December 3, 1997.

Attorney(s) appearing for the Case

Jonathan M. Matzner and Robert H. Schwartz of Adorno & Zeder, Fort Lauderdale, for appellant.

Michele K. Feinzig and Timothy J. McDermott of Tripp, Scott, Conklin & Smith, Fort Lauderdale, for appellee.

FARMER, Judge.

We have before us an order refusing to vacate a judgment by default based on a complaint that explicitly fails to state a cause of action for judicial relief for breach of contract. The order is therefore contrary to Lee & Sakahara Associates v. Boykin Management Company, 678 So.2d 394 (Fla. 4th DCA 1996), where we held that "a default should be set aside where, as here, the complaint on its face...

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