BEQUER v. NATIONAL CITY BANK

No. 4D10-1454.

46 So.3d 1199 (2010)

Napoleon G. BEQUER and Glenna G. Bequer, Appellants, v. NATIONAL CITY BANK f/k/a Fidelity Federal Bank Trust, Appellee.

District Court of Appeal of Florida, Fourth District.

November 10, 2010.


Attorney(s) appearing for the Case

Stephen E. Tunstall of Stephen E. Tunstall, P.A., Coral Gables, for appellant.

Temple Fett Kearns and Don A. Lynn of Shutts & Bowen, LLP, Fort Lauderdale, and John W. Bustard of Shutts & Bowen, LLP, Miami, for appellees.


LEVINE, J.

The issue presented is whether the trial court erred in setting aside the default final judgment. We find that the trial court erred in setting aside the default since appellee failed to establish excusable neglect.

On September 22, 2009, appellants served a third-party complaint on appellee at its operations center. On November 19, 2009, a default was entered against appellee for failure to serve a timely pleading. On November 20, 2009, counsel...

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