Goodlett v. Locke Timber Co.

SMITH, Judge,

The circuit court entered a default judgment quieting appellee’s title to a Washington County tract. On appeal by parties whose putative claims were thus foreclosed, we are asked to find, as in Gmaz v. King, 238 So.2d 511 (Fla.App.2nd 1970), that appellee’s counsel failed to exercise due diligence in locating and notifying appellant Goodlett by constructive service. Sec. 49.041, F.S. All appellants urge that their defaults and the subsequent judgment ought to have been opened up on the showing they made to the trial court.

This case is only plausibly similar to Gmaz. There,…