AMEX INTERN., INC. v. KUNDE

No. 97-1929

722 So.2d 909 (1998)

AMEX INTERNATIONAL, INC., etc., Appellant, v. Gordon W. KUNDE, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 5, 1999.


Attorney(s) appearing for the Case

Raymond A. McLeod, of McLeod, McLeod & McLeod, P.A., Apopka, for Appellant Amex International, Inc.

Dana P. Hoffman and Jackson O. Brownlee, of Brownlee, Hoffman & Jacobs, P.A., Orlando, for Appellee Gordon W. Kunde.


HARRIS, J.

The issue before us is whether the trial court abused its discretion in not setting aside a clerk's default based on defendant's motion alleging excusable neglect and meritorious defense. It is not contested that defendant alleged a meritorious defense; the issue is whether the defendant proved excusable neglect.

The affidavits submitted by defendant showed that service was perfected on its registered agent. When no answer was filed, the clerk entered...

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