Fricke v. Gaines Construction Co.

'CARROLL, CHAS., Chief Judge.

This is an appeal from a summary judgment for the defendant, in an action for damages for breach of a contract for certain construction.

The appellant assigned as error and argued that the trial court erred in vacating a default in the law action and in granting the summary judgment.

On 'the first point we find that the record shows no abuse of discretion in the .action 'O'f .the court in vacating the default.

On the second point, the question raised is whether a decree obtained by the appellant in his equity suit foreclosing a lien under Chapter 84, Fla.Stat.,…