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COQUINA BEACH CLUB CONDOMINIUM v. WAGNER

No. 2D01-3430.

813 So.2d 1061 (2002)

COQUINA BEACH CLUB CONDOMINIUM ASSOCIATION, INC., Appellant, v. Donna WAGNER and Douglas Wagner, husband and wife, Appellees.

District Court of Appeal of Florida, Second District.

April 19, 2002.

Attorney(s) appearing for the Case

Elaine C. Seymour of Guemmer and Seymour, Tampa, for Appellant.

Ginger L. Perusek of Ginger L. Perusek, P.A., Bradenton, for Appellees.

SILBERMAN, Judge.

Coquina Beach Club Condominium Association, Inc. (the Association) appeals from an order denying its motion to set aside a clerk's default. Because the Association established excusable neglect, raised a meritorious defense, and acted with due diligence, we reverse.

On March 30, 2001, Donna and Douglas Wagner served the Association, through its manager, with a summons and a complaint for negligence. On April 6, 2001, the manager forwarded...

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