American Liberty Insurance v. Maddox

McNULTY, Judge.

Pursuant to Rule 4.2, F.A.R., 32 F.S.A. defendant-appellant brings this interlocutory appeal from an order denying its mo*155tion to set aside a default judgment as to liability entered in appellee’s negligence action. We reverse.

The facts are undisputed. Appellant is an Alabama insurance company authorized to do business in this state. Appellee sued appellant herein by complaint filed November 13, 1969, and, pursuant to § 624.0222, F.S.A., attempted service of process on appellant by serving the State Treasurer as, ex-officio, Insurance Commissioner. Section 624.0222, supra,…