WORTH v. MENDEZ, 473 So.2d 222 (Fla.App. 4 Dist. 1985)

NEIL E. WORTH, APPELLANT, v. JOSE MENDEZ AND GUADALUPE MENDEZ, APPELLEES.

No. 84-2245.District Court of Appeal of Florida, Fourth District.
June 26, 1985. Rehearing Denied August 13, 1985.

Appeal from a non-final order from the Circuit Court, for Palm Beach County; R. William Rutter, Jr., Judge.

J.J. Wicker, II of Wicker, Smith, Blomqvist, Tutan, O’Hara, McCoy, Graham Lane, Miami, and Richard A. Sherman of Law Offices of Richard A. Sherman, Fort Lauderdale, for appellant.

Crenshaw Crenshaw, P.A., Lake Worth, and Robert T. Bergin, Jr. of Law Offices of Robert T. Bergin, Jr., West Palm Beach, for appellees.

PER CURIAM.

AFFIRMED.

ANSTEAD, C.J., and BARKETT, J., concur.

WALDEN, J., dissents with opinion.

WALDEN, Judge, dissenting:

In my opinion the trial court should have set aside the default and allowed a trial upon the merits because movant clearly showed excusable neglect, plus the circumstances that he had a meritorious defense.

I would reverse.