(DOWNLOAD) "Clinica Union Latina v. Seaboard Life Insurance Company America" by Third District Court of Appeal of Florida # Book PDF Kindle ePub Free

eBook details

Title: Clinica Union Latina v. Seaboard Life Insurance Company America
Author : Third District Court of Appeal of Florida
Release Date : January 17, 1974
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

By way of interlocutory appeal defendant seeks review of the trial court's order denying its motion to set aside default judgment and final judgment. On June 20, 1973 plaintiff-appellee, Seaboard Life Insurance Company of America, filed a complaint against the defendant-appellant, Clinica Union Latina, Inc., and demanded therein an accounting and damages for unpaid insurance premiums. Service of process was effected by serving a copy of the complaint on defendant's vice president, Pedro Mesa, who it is alleged did not inform the other officers of defendant corporation. In September 1974 plaintiff filed a motion for default and a default subsequently was entered. On April 25, 1974 a final hearing was held for the purposes of determining the proper amount for the final judgment. Thereafter, the trial court entered a final judgment in the total sum of $27,989.00 in favor of the plaintiff-appellee. A copy thereof was mailed to the defendant corporation and received by defendant's president, Rene Marsella, at which time defendant alleges it first became aware of the lawsuit. Thereupon, defendant-appellant filed a motion to set aside default and to stay execution of the final judgment. A hearing was held thereon at which an affidavit of Pedro Mesa was introduced. After hearing oral argument of counsel the trial judge announced that he intended to deny defendant-appellant's motion to set aside default at which time defendant made an ore tenus motion for an evidentiary hearing. Thereafter, the trial court entered the herein appealed order denying defendant's motions to set aside default and for evidentiary hearing.