Legal Opinion

Dillon v. Machinery Wholesalers Corp.

District Court of Appeal of Florida

Decided May 11, 1982No. 82-116PublishedCited by 1 opinion

1Per curiam

The trial court’s order under review refusing to set aside a default and default judgment in the amount of $113,036.54 entered against Dillon, when examined in light of the rule that any reasonable doubt should be resolved in favor of allowing the cause to be heard on the merits, see, e.g., North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla.1962), must be reversed as the record before us reveals that Dillon’s neglect in responding to the complaint was excusable, see Venusa Export & Import, Inc. v. Gavico Alamo Aircraft Sales, Inc., 361 So.2d 820 (Fla. 4th DCA 1978); see also Edwards v.…

2Cases cited5 opinions

  1. North Shore Hospital, Inc. v. BarberSupreme Court of Florida · 1962
  2. B/G AMUSEMENTS, INC. v. Mystery Fun HouseDistrict Court of Appeal of Florida · 1980
  3. Edwards v. City of Fort Walton BeachSupreme Court of Florida · 1972
  4. TALLMAN POOLS OF GA., INC. v. WoodDistrict Court of Appeal of Florida · 1981
  5. Venusa Export & Import Inc. v. Cavico Alamo Aircraft Sales, Inc.District Court of Appeal of Florida · 1978

3Cited by1 opinion

  1. Reicheinbach v. Southeast Bank, NADistrict Court of Appeal of Florida · 1985

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