Smith v. Rutland

District Court of Appeal of Florida

Smith v. Rutland

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

CourtDistrict Court of Appeal of Florida

DecidedJanuary 14, 1977

DocketNo. 76-920

StatusPublished

Cited by1 cases

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

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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.

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341 So. 2d 283, 1977 Fla. App. LEXIS 14986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-rutland-fladistctapp-1977.

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