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KFC USA, INC. v. DEPEW

No. 5D03-1370.

879 So.2d 55 (2004)

KFC USA, INC., Appellant, v. Mae DEPEW, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 3, 2004.

Attorney(s) appearing for the Case

Michael V. Hammond and Henry W. Jewett of Rissman, Weisberg, Barrett, Hurt, Donahue & McClain, P.A., Orlando, for Appellant.

W.C. Airth, Jr. of W.C. Airth, Jr., P.A., Orlando, for Appellee.

PER CURIAM.

Appellant, KFC USA, Inc. [KFC], appeals the non-final order denying its Motion to Remove Default and to Set Aside Default Judgment and Striking Affidavit. We reverse.

Mae Depew was injured in a fall at a Florida Kentucky Fried Chicken restaurant. Upon achieving maximum medical improvement, Depew filed suit against KFC for damages and served notice of process on KFC's agent in Florida. When KFC failed to timely answer Depew's complaint, the clerk...

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