Livingston v. Fein

District Court of Appeal of Florida

Livingston v. Fein

359 So. 2d 25, 1978 Fla. App. LEXIS 16022

CourtDistrict Court of Appeal of Florida

DecidedMay 30, 1978

DocketNo. 77-934

StatusPublished

Cited by2 cases

This text of 359 So. 2d 25 (Livingston v. Fein) 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.

Bluebook

Livingston v. Fein, 359 So. 2d 25, 1978 Fla. App. LEXIS 16022 (Fla. Ct. App. 1978).

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Opinion

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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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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359 So. 2d 25, 1978 Fla. App. LEXIS 16022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/livingston-v-fein-fladistctapp-1978.

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