District Court of Appeal of Florida August 13, 1991, No. 90-1852 (Gulf Stream Boat Builders, Inc. v. South Dade Boat, Inc.)

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United States · · · 13-08-1991

PER CURIAM.

We reverse the trial court’s denial of a motion to set aside default. Plaintiff misled defendants into believing it was unnecessary to file any responsive pleadings because of ongoing settlement negotiations. Thus, it was unconscionable for plaintiff to take advantage of defendants’ failure to file an answer by obtaining a default judgment without notice to defendants.

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