LEHNER v. DURSO

No. 4D01-4921.

816 So.2d 1171 (2002)

Joseph J. LEHNER, Appellant, v. Patrick A. DURSO, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 7, 2002.


Attorney(s) appearing for the Case

Robert J. Elder, III, and Jennifer L. Williamson of Crary, Buchanan, Bowdish, Bovie, Beres, Negron & Thomas, Chartered, Stuart, for appellant.

Albert S. Lagano of Albert S. Lagano, P.A., Melbourne, for appellee.


KLEIN, J.

We rarely reverse an order setting aside a default judgment based on excusable neglect; however, defendant's utter disregard of the proceedings in this case was, as a matter of law, inexcusable.

Appellant plaintiff sued defendant as a result of the failure of the defendant to repay a loan, serving him on April 6, 2001. Plaintiff then served defendant with interrogatories, a request to produce, and requests for admissions. Defendant did not respond...

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