Norfolk Southern Corp. v. Deltina Foods, Inc.

District Court of Appeal of Florida

Norfolk Southern Corp. v. Deltina Foods, Inc.

488 So. 2d 864, 11 Fla. L. Weekly 1127, 1986 Fla. App. LEXIS 7796

CourtDistrict Court of Appeal of Florida

DecidedMay 13, 1986

DocketNo. 85-346

StatusPublished

This text of 488 So. 2d 864 (Norfolk Southern Corp. v. Deltina Foods, Inc.) 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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Norfolk Southern Corp. v. Deltina Foods, Inc., 488 So. 2d 864, 11 Fla. L. Weekly 1127, 1986 Fla. App. LEXIS 7796 (Fla. Ct. App. 1986).

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Opinion

PER'CURIAM.

The appealed final order denying appellant's motion for relief from final judgment by default is reversed upon a holding that appellant’s motion and supporting affidavits established the requisite excusable neglect, Fla.R.Civ.P. 1.540(b), as well as a meritorious defense. See North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla.1962); S.B. Partners v. Holmes, 479 So.2d 280 (Fla. 2d DCA 1985); Florida Aviation Academy v. Charter Air Center, Inc., 449 So.2d 350 (Fla. 1st DCA 1984); General Finance Corp. of Florida v. Northside Bank of Miami, 212 So.2d 917 (Fla. 3d DCA 1968).

We find to be without merit appellant’s claim of error relative to the trial court’s denial of its motion to quash final judgment on grounds of improper service of process.

Affirmed in part, reversed in part, and remanded for further proceedings.

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PER'CURIAM.

The appealed final order denying appellant's motion for relief from final judgment by default is reversed upon a holding that appellant’s motion and supporting affidavits established the requisite excusable neglect, Fla.R.Civ.P. 1.540(b), as well as a meritorious defense. See North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla.1962); S.B. Partners v. Holmes, 479 So.2d 280 (Fla. 2d DCA 1985); Florida Aviation Academy v. Charter Air Center, Inc., 449 So.2d 350 (Fla. 1st DCA 1984); General Finance Corp. of Florida v. Northside Bank of Miami, 212 So.2d 917 (Fla. 3d DCA 1968).

We find to be without merit appellant’s claim of error relative to the trial court’s denial of its motion to quash final judgment on grounds of improper service of process.

Affirmed in part, reversed in part, and remanded for further proceedings.

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488 So. 2d 864, 11 Fla. L. Weekly 1127, 1986 Fla. App. LEXIS 7796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norfolk-southern-corp-v-deltina-foods-inc-fladistctapp-1986.

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