Yelvington Transport, Inc. v. Hersman

This is an appeal by the defendants Yelv-ington Transport, Inc. and William Harry Lampkin from a non-final order denying the defendants’ motion to set aside two clerk’s defaults. See Fla.R.Civ.P. 1.500(d). We reverse the order under review based on the following briefly stated legal analysis.

First, the defendants, by sworn affidavits, established excusable neglect in failing to timely respond to the complaint filed below by the plaintiff Enrique Hersman. It appears that Yelvington Transport’s vice-president timely forwarded the suit papers herein to its insurer, Nationwide Insurance Co., for…