Sunstate Courier, Inc. v. Byron

The defendant, Sunstate Courier, Inc., appeals an order denying its motion to set aside a default entered in favor of the plaintiff, Lance F. Byron. We reverse.

Mr. Byron was injured in an automobile accident involving a car driven by a courier allegedly working for Sunstate. On December 4, 1991, Mr. Byron served Sunstate with a complaint filed in Hillsborough County. Sunstate forwarded all information to its insurer, Progressive Insurance Company. Mr. Byron filed a motion for default without notifying Sunstate. On February 4, 1992, Mr. Byron obtained a default against Sunstate.

On February 10,…