Foundation Well Point Corp. of Florida v. Bauman

District Court of Appeal of Florida

Foundation Well Point Corp. of Florida v. Bauman

437 So. 2d 729, 1983 Fla. App. LEXIS 23644

CourtDistrict Court of Appeal of Florida

DecidedSeptember 6, 1983

DocketNo. 83-175

StatusPublished

Cited by3 cases

This text of 437 So. 2d 729 (Foundation Well Point Corp. of Florida v. Bauman) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Foundation Well Point Corp. of Florida v. Bauman, 437 So. 2d 729, 1983 Fla. App. LEXIS 23644 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

We reverse the order denying the defendant’s motion to set aside a default upon a holding that: (a) an affidavit setting forth a general denial satisfies the requirement that the defendant must present a meritorious defense, North Shore Hospital, Inc. v. Barber; 143 So.2d 849 (Fla.1962); and (b) the corporation’s inadvertence in failing to deliver suit papers to counsel representing the appellant was excusable neglect where separate complaints were filed at the same time on behalf of two plaintiffs against the same defendants, arising out of the same accident and the corporate agent mistakenly thought that the papers represented multiple copies of the same complaint.

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PER CURIAM.

We reverse the order denying the defendant’s motion to set aside a default upon a holding that: (a) an affidavit setting forth a general denial satisfies the requirement that the defendant must present a meritorious defense, North Shore Hospital, Inc. v. Barber; 143 So.2d 849 (Fla.1962); and (b) the corporation’s inadvertence in failing to deliver suit papers to counsel representing the appellant was excusable neglect where separate complaints were filed at the same time on behalf of two plaintiffs against the same defendants, arising out of the same accident and the corporate agent mistakenly thought that the papers represented multiple copies of the same complaint.

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437 So. 2d 729, 1983 Fla. App. LEXIS 23644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foundation-well-point-corp-of-florida-v-bauman-fladistctapp-1983.

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