MERCURY MARINE INDUSTRIES, INC. v. DILLON

No. 2D99-1546.

779 So.2d 356 (2000)

MERCURY MARINE INDUSTRIES, INC., Appellant, v. Rodney L. DILLON and Rebecca B. Dillon, Appellees.

District Court of Appeal of Florida, Second District.

March 29, 2000.


Attorney(s) appearing for the Case

J. Scott Kirk and Scott D. Danahy of Rumberger, Kirk & Caldwell, P.A., Orlando, for Appellant.

Daniel A. Carlton, Sarasota, for Appellees.


CAMPBELL, Acting Chief Judge.

Appellant challenges the trial court's refusal to set aside a default judgment entered against it for failure to timely answer appellees' complaint. Although appellant had been properly served with the complaint, appellant did not file a timely answer because the service papers became lost. The court entered a default judgment against appellant, which the court then refused to set aside, finding that while appellant had shown diligence...

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