Luckey v. Smathers & Thompson

Albert B. Luckey, who was the plaintiff in the trial court, appeals a final judgment entered after trial before the court without a jury. The judgment denied relief upon Luckey’s complaint to vacate writ of execution and levy of sale upon property formerly owned by Luckey. The basis for the complaint was that a default judgment had been improperly entered against him in a prior case because the court’s finding in that case that Luckey had, for the purposes of Section 48.161, Florida Statutes (1975), concealed himself to avoid service of process was unsupported by that record and untrue in…