VACATION ESCAPE v. MICHIGAN NAT. BANK

No. 98-1465.

735 So.2d 528 (1999)

VACATION ESCAPE, INC., Appellant, v. MICHIGAN NATIONAL BANK, a national banking association, Appellee.

District Court of Appeal of Florida, Fourth District.

May 19, 1999.


Attorney(s) appearing for the Case

Merrill A. Bookstein and Laura P. Riddle of Merrill A. Bookstein, P.A., and Kenneth J. Schwartz & Associates, P.A., Boca Raton, for appellant.

Mimi L. Sall of Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., Fort Lauderdale, for appellee.


DELL, J.

Vacation Escape, Inc. appeals from a final default judgment, contending that the trial court erred when it failed to resolve its motion to set aside the clerk's default before entering a final judgment as to Count I. We reverse.

On November 20, 1997, appellee filed a four-count complaint against appellant and appellant's principals ("the Hamiltons"). Neither appellant nor the Hamiltons responded to the complaint, and on December 12, 1997, a clerk...

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