Winky's, Inc. v. Francis

229 So.2d 903 (1969)

WINKY'S, INC., Appellant,

v.

Ivy M. FRANCIS, Appellee.

No. 69-451.

District Court of Appeal of Florida. Third District.

December 30, 1969.

Rehearing Denied January 26, 1970.

Rose & Marlow and George C. Vogelsang, Miami, for appellant.

Markus, Winter & Spitale, Pozen, Gold & Gold, Miami, for appellee.

Before PEARSON, C.J., and HENDRY and SWANN, JJ.

PEARSON, Chief Judge.

This is an appeal by the defendant below from a final judgment and order denying its motion to set aside a default and final judgment. The trial judge made the following findings of fact:

"THIS CAUSE having come on to…