Florida District Courts of Appeal, 1980

Burchette v. State Farm Mutual Automobile Insurance

Burchette v. State Farm Mutual Automobile Insurance
Florida District Courts of Appeal · Decided May 28, 1980 · Cobb, Orfinger, Upchurch
385 So. 2d 1; 1980 Fla. App. LEXIS 16253 (Southern Reporter, Second Series)

Burchette v. State Farm Mutual Automobile Insurance

Opinion of the Court

COBB, Judge.

The action of the trial court in setting aside a default judgment entered upon an unliquidated claim for damages without notice to the defaulted party, State Farm Mutual Automobile Insurance Company, is affirmed on authority of B/G Amusement, Inc. v. Mystery Fun House, Inc., 381 So.2d 318 (Fla. 5th DCA 1980). The motion to set aside the order of default on the basis of excusable neglect was untimely, and the trial court’s order setting aside the clerk’s default is reversed. See Fla.R.Civ.P. 1.540(b).

AFFIRMED in part; REVERSED in part.

ORFINGER and UPCHURCH, JJ., concur.

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