Stainless Marine, Inc. v. Cobra Sport Fishing Boats, Inc.

Stainless Marine, Inc. appeals a non-final order granting a motion to set aside a default and default judgment. We affirm.

Plaintiff-appellant Stainless filed suit against defendant-appellee Cobra Sport Fishing Boats, Inc. for breach of contract. The summons and complaint were served on a corporate employee at defendant’s office in New Jersey. In due course a default and default judgment were entered.

Defendant moved to set aside the default and default judgment, contending among other things that service had not been accomplished on a person authorized to receive it under subsections 48.081(1)…