Florida District Courts of Appeal, 1986

Holloway v. Pietrafesa

Florida District Courts of Appeal · Decided April 16, 1986 · Hersey, Letts, Walden

487 So. 2d 366; 11 Fla. L. Weekly 893; 1986 Fla. App. LEXIS 7317 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

We reverse the order denying appellant’s motion to set aside default. See Somero v. Hendry General Hospital, 467 So.2d 1103 (Fla. 4th DCA 1985); Reicheinbach v. Southeast Bank, N.A., 462 So.2d 611 (Fla. 3d DCA 1985); and Broward County v. Perdue, 432 So.2d 742 (Fla. 4th DCA 1983).

Reversed.

HERSEY, C.J., and WALDEN, J., concur. LETTS, J., concurs specially with opinion.

Concurring Opinion

LETTS, Judge,

specially concurring.

I am forced to agree with the majority’s ruling because of the all-encompassing nature of Somero v. Hendry General Hospital. I dissented in Somero and indeed I believe the result here is also error. However, I am committed to the doctrine of stare decisis and in my view Somero dictates the result.

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