Allstate Insurance v. Imperial Cab Co.

OPINION OF THE COURT

FEDER, Judge.

The within appeal is from the granting of a “Corrected Motion to Vacate Default”. We reverse.

*149It is Black letter law that a Court cannot set aside a properly entered Default without the two-pronged proof of a meritorious defense and excusable neglect. North Shore Hospital, Inc. v. Barber, 143 So.2d 849 (Fla. 1962).

Herein, Default Judgment was entered on October 6, 1986 (and the individual appellee had notice thereof and actually attended that hearing). Two days later counsel filed a Notice of Appearance for both appellees (a pleading that does not exist and has…