SPRING VALLEY APTS. v. NICHOLS

No. 98-3825.

729 So.2d 543 (1999)

SPRING VALLEY CLUB APARTMENTS, LTD., Appellant, v. Velma NICHOLS, Appellee.

District Court of Appeal of Florida, First District.

April 20, 1999.


Attorney(s) appearing for the Case

Linda Hohlt Wade and Paul A. Wilson, of Schofield & Wade, Pensacola, for Appellant.

Randle D. Thompson, Pensacola, for Appellee.


PER CURIAM.

Spring Valley appeals the trial court's denial of its motion to set aside an interlocutory default. The lower court denied relief upon finding that appellant failed to establish a meritorious defense. We reverse.

Appellant's motion to vacate the clerk's default alleged affirmative defenses of comparative negligence as did the accompanying affidavit filed by appellant's counsel. Such was sufficient to demonstrate a meritorious defense for purposes...

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