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RONEY PLAZA ASSOCIATES, LTD. v. HENRY

No. 3D02-1677.

848 So.2d 436 (2003)

RONEY PLAZA ASSOCIATES, LTD., Appellant, v. Anthony HENRY and Lynette Henry, Appellees.

District Court of Appeal of Florida, Third District.

July 2, 2003.

Attorney(s) appearing for the Case

Stearns Weaver Miller Weissler Alhadeff & Sitterson, and Alan H. Fein, and Anastasia I. Kokotis, Miami, for appellant.

Robert C. Maland, Miami; Philip D. Parrish, for appellees.

Before LEVY, GERSTEN, and GREEN, JJ.

PER CURIAM.

Appellant, Roney Plaza Associates, Ltd. ("Roney"), appeals from the denial of its motion to vacate judgment and default. The record reflects that Roney demonstrated a meritorious defense to the action, established excusable neglect for its failure to respond to the complaint and notice of trial, and acted with due diligence in moving to set aside the default judgment. Thus it was an abuse of discretion for the trial court to refuse to set aside the default...

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