M.W. v. SPCP GROUP V, LLC

No. 3D14-832.

163 So.3d 518 (2015)

M.W., a minor, etc., et al., Appellants, v. SPCP GROUP V, LLC, etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 1, 2015.


Attorney(s) appearing for the Case

Gerson & Schwartz, P.A., Edward S. Schwartz and Philip M. Gerson , Miami, for appellants.

Fowler White Burnett, P.A., and June G. Hoffman and Helaine S. Goodner , Fort Lauderdale, for appellees.

Before SHEPHERD, C.J., and EMAS and LOGUE, JJ.


M.W., a minor, (the "plaintiff") appeals the decision of the trial court to set aside a clerk's default and final judgment against SPCP Group V, LLC (the "defendant"). The plaintiff obtained the ex parte default even though he knew from pre-suit contacts with opposing counsel that the opposing party was represented by counsel and intended...

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