Smith v. Rutland

District Court of Appeal of Florida

Smith v. Rutland

341 So. 2d 283, 1977 Fla. App. LEXIS 14986

District Court of Appeal of Florida·Decided January 14, 1977·No. No. 76-920·Published·Cited by 1 cases

Opinion

OTT, Judge.

Mr. and Mrs. Malcolm Smith, plaintiffs below, appeal from an order vacating a default entered against Hubert Rutland, defendant below. The granting of such relief is a matter within the sound discretion of the court. E.g., Kern v. Kern, 291 So.2d 210 (Fla. 4th DCA 1974). In this instance extensive evidence was presented to the trial court by both parties. Our examination of the record failed to disclose any abuse of discretion by the trial court.

AFFIRMED.

HOBSON, Acting C. J., and GRIMES, J., concur.

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OTT, Judge.

Mr. and Mrs. Malcolm Smith, plaintiffs below, appeal from an order vacating a default entered against Hubert Rutland, defendant below. The granting of such relief is a matter within the sound discretion of the court. E.g., Kern v. Kern, 291 So.2d 210 (Fla. 4th DCA 1974). In this instance extensive evidence was presented to the trial court by both parties. Our examination of the record failed to disclose any abuse of discretion by the trial court.

AFFIRMED.

HOBSON, Acting C. J., and GRIMES, J., concur.

Smith v. Rutland, 341 So. 2d 283, 1977 Fla. App. LEXIS 14986 (Fla. Ct. App. 1977).

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Opinion

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