PIERCE HARDY LTD. v. HARRISON BROS. CONTR.

No. 5D08-3416.

13 So.3d 175 (2009)

PIERCE HARDY LIMITED PARTNERSHIP, Appellant, v. HARRISON BROTHERS CONTRACTING, LLC, Appellee.

District Court of Appeal of Florida, Fifth District.

June 12, 2009.


Attorney(s) appearing for the Case

Melinda S. Gentile and Monique S. Cardenas of Peckar & Abramson, Ft. Lauderdale, for Appellant.

Ronald W. Sikes and Kimberly T. Van Der Riet of Sikes and Van Der Riet, Attorneys, PLLC, Winter Garden, for Appellee.


COHEN, J.

We review the denial of Appellant's, Pierce Hardy Limited Partnership, motion to set aside and vacate a default and final default judgment. Because Appellant established excusable neglect, a meritorious defense, and due diligence, we reverse.

After serving its complaint on Appellant's in-state registered agent, Appellee, Harrison Brothers Contracting, LLC, moved for a clerk's default exactly twenty days later based on Appellant's failure to file...

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