F. W. Dodge Co. Div. of McGraw-Hill, Inc. v. Southern Industrial Savings Bank

PEARSON, Judge.

The appellant, McGraw-Hill, Inc. was garnishee in the trial court where a default judgment was entered against it. This appeal is from a final judgment in garnishment for the amount of garnishor’s claim. The question presented is whether or not the court erred in refusing to set aside the default. We hold that the trial court abused the discretion vested in it and reverse.

The appellee, Southern Industrial Savings Bank, filed a complaint in the Civil Court of Record in Dade County against Robert L. Ellington and Patricia R. Ellington. During the pendency of the action against…