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Williams v. Stack
366 So. 2d 872
Fla. Dist. Ct. App.
1979
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PER CURIAM.

This is an appeal from an order setting aside a default. The motion to set aside the default did not allege the existence of a meritorious defense, and no proof was ever submitted, other than representations of counsel, concerning any legal excuse for the failure to respond to the complaint. As such the motion and proof were insufficient to justify setting aside the default. Clark v. Roberto's, Inc., 320 So.2d 870 (Fla. 4th DCA 1975); Winter Park Arms, Inc. v. Ak-*873erman, 199 So.2d 107 (Fla. 4th DCA 1967); Thomason v. Jernigan, 146 So.2d 905 (Fla. 1st DCA 1962). Accordingly, the order is reversed.

DOWNEY, C. J., and ANSTEAD and BERANEK, JJ., concur.

Case Details

Case Name: Williams v. Stack
Court Name: District Court of Appeal of Florida
Date Published: Jan 31, 1979
Citation: 366 So. 2d 872
Docket Number: No. 78-1508
Court Abbreviation: Fla. Dist. Ct. App.
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