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CONIGLIO v. WILDWOOD HEALTHCARE, INC.

No. 5D99-2789.

755 So.2d 775 (2000)

C. John CONIGLIO, as Personal Representative of the Estate of Eva O'Neal Smith, Appellant, v. WILDWOOD HEALTHCARE, INC., A Florida Corporation, Appellee.

District Court of Appeal of Florida, Fifth District.

April 7, 2000.

Attorney(s) appearing for the Case

Robert E. Austin, Jr., and Bradford D. Fisher of Austin & Pepperman, Leesburg, for Appellant.

David B. Moffett of Rissman, Weisberg, Barrett, Hurt Donahue & McLain, P.A., Orlando, for Appellee.

ORFINGER, M., Senior Judge.

We find no gross abuse of discretion in the trial court's determination to set aside the default and final judgment entered subsequent thereto where the record demonstrates excusable neglect and the assertion of a meritorious defense. See North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla.1962).

AFFIRMED.

COBB and HARRIS...

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