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EMERY WORLDWIDE, INC. v. INDEMNITY INS. CO.

No. 3D01-1100.

797 So.2d 623 (2001)

EMERY WORLDWIDE, INC., Appellant, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellee.

District Court of Appeal of Florida, Third District.

October 10, 2001.

Attorney(s) appearing for the Case

Buchanan Ingersoll, and William E. Davis, and Jill Cook Edwards, Miami, for appellant.

McAlpin & Brais, and Richard J. McAlpin, and M. Emelina Mejer Kondla, for appellee.

Before COPE, and GERSTEN, JJ., and NESBITT, Senior Judge.

PER CURIAM.

Emery Worldwide, Inc. ("Emery") appeals the denial of its motion to quash service of a writ of garnishment and to vacate a clerk's default, claiming service of process was defective. We agree and reverse.

After a default was entered in favor of appellee, Indemnity Insurance Company of North America ("Indemnity"), Indemnity moved for issuance of a writ of garnishment. The writ was served upon Emery's general manager, Xavier Jasso ("Jasso"), at Emery...

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