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WAYJOHN, INC. v. ABEJON

No. 98-0327

724 So.2d 1259 (1999)

WAYJOHN, INC., a Florida corporation, d/b/a Kentucky Fried Chicken, Appellant, v. Jose ABEJON and Elvia Abejon, his wife, Appellees.

District Court of Appeal of Florida, Fourth District.

January 27, 1999.

Attorney(s) appearing for the Case

Lynn A. Shapiro and Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., and Dennis A. Vandenberg of Peterson, Bernard, Vandenberg, Zei, Geisler & Martin, West Palm Beach, for appellant.

Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, and Wallace B. McCall, Palm Beach, for appellees.

STEVENSON, J.

This is a non-final appeal from an order denying Wayjohn's motion to set aside a default for excusable neglect after it failed to respond to litigation. We affirm.

The Abejons filed suit against Wayjohn after Jose Abejon swallowed a bone contained in a barbeque chicken sandwich purchased from a Kentucky Fried Chicken restaurant, and on July 2, 1997, served process upon Wayjohn's corporate officer, Russell Warder. Wayjohn failed to respond, and...

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