GLOBAL CONST. SERVICES, INC. v. JACKSON

No. 4D04-350.

890 So.2d 445 (2004)

GLOBAL CONSTRUCTION SERVICES, INC., Appellant, v. Wayne JACKSON and Lori Young Jackson, Appellees.

District Court of Appeal of Florida, Fourth District.

December 29, 2004.


Attorney(s) appearing for the Case

Teresa Albanese Silver of Rogers, Coleman, Pendas, Knapp & Dill, P.A., Orlando, for appellant.

Louis C. Arslanian, Ft. Lauderdale, for appellees.


KLEIN, J.

Plaintiffs sued defendant for the return of a deposit they made for the construction of a home. After they obtained a default judgment the defendant moved to set it aside but the trial court denied relief on the ground that the defendant failed to allege a meritorious defense. We reverse.

Although the sworn motion to set aside the default did not include a defensive pleading alleging a meritorious defense, the motion itself stated that it was the...

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