Ghent ex rel. Fowler v. New York Bronze Powder Co.

Florida District Courts of Appeal May 9, 1978

Ghent ex rel. Fowler v. New York Bronze Powder Co., 358 So. 2d 1140 (1978)

1978 Fla. App. LEXIS 15985

Hoe, Nathan, Pearson

Opinion of the Court

PEARSON, Judge.

The question presented by this interlocutory appeal is whether the trial court committed a gross abuse of discretion in setting aside a default entered against the defendant-appellee.1

The appellee was served June 29, 1977, through service upon the Secretary of State. Default was entered on August 2, 1977, for failure to plead. A motion to set aside default was filed by the appellee on August 9, 1977, and a proposed motion to dismiss was filed by the appellee on August 19, 1977. Also filed by the appellee was a document entitled “Addendum.” We are not furnished with a copy of this pleading.

Appellant asserts that no reference was made to the existence of a meritorious defense, but we are unable to determine this fact from the record submitted. Therefore, the order appealed is affirmed. See North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla. 1962).

Affirmed.

. The appellant failed to file an appendix as provided for by Fla.App. Rule 4.2. We have only appellee’s appendix.

Reference

Full Case Name: Terrence GHENT, minor, by and through his natural mother and guardian, Mary Alice Fowler, and Mary Alice Fowler, Individually v. NEW YORK BRONZE POWDER COMPANY, INC.
Cited By: 1 case
Status: Published