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VARELA v. GREGORY A. MARTIN & ASSOC. P.A.

No. 97-3282.

712 So.2d 832 (1998)

Rene R. VARELA & Moryns Lewitzke, Appellants, v. GREGORY A. MARTIN & ASSOCIATES, P.A., Appellee.

District Court of Appeal of Florida, Third District.

July 8, 1998.

Attorney(s) appearing for the Case

Shapo, Freedman & Bloom and Manuel A. Avila, for appellants.

Gregory A. Martin and Gina A. Dombosch, for appellee.

Before SCHWARTZ, C.J., LEVY, J., and DAUKSCH, Associate Judge.

DAUKSCH, JAMES C., Jr., Associate Judge.

This is an appeal from an order and judgment after default. Because the wording of the summons was ambiguous, at best, and because appellants filed a motion for extension of time before the expiration of time for service of an answer it was error for the court not to set aside the clerk's default. See Hader v. American Builders & Contractors Co., 564 So.2d 271, 271-72 (Fla. 4th...

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