American Employers' Insurance Co. v. Piedmont Sewing Supply, Inc.

HAVERFIELD, Judge.

Appellant-surety, American Employers’ Insurance Company, appeals an order denying its motion for relief from judgment pursuant to RCP 1.540(b), 31 F.S.A.

On August 29, 1972 plaintiff-appellee, Piedmont Sewing Supply, Inc. (hereafter referred to as Piedmont), filed a complaint seeking to replevy certain personalty which plaintiff had sold to defendant Miami Originals, Inc., pursuant to a conditional sales contract upon which defendant had defaulted on the payment of two monthly installments. As required, Piedmont filed with its complaint an affidavit in replevin and a replevin…