Florida District Courts of Appeal, 1978

Livingston v. Fein

Florida District Courts of Appeal · Decided May 30, 1978 · Hendry, Hoe, Hubbart, Kehoe

359 So. 2d 25; 1978 Fla. App. LEXIS 16022 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Cortez Development Co. v. New York Capital Group, Inc. (Fla. Dist. Ct. App. 1981)
Travelers Insurance Company v. Davis (Fla. Dist. Ct. App. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

KEHOE, Judge.

Appellants, defendants below, appeal an order denying their motion to set aside a default and to vacate a final judgment entered against them in an action for liquidated damages.

Our review of the record leads us to the conclusion that appellants failed to establish by clear and convincing evidence the invalidity of the service of process in this cause. Without such proof, the trial court had no basis upon which to set aside the default judgment. See, e. g., Winky’s Inc. v. Francis, 229 So.2d 903 (Fla. 3d DCA 1970); and Mitchell v. Brown, 114 So.2d 178 (Fla. 1st DCA 1959). Accordingly, the order appealed is affirmed.

Affirmed.

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