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BAGS BY ANDE, INC. v. SCHILLING

No. 79-2367.

406 So.2d 536 (1981)

BAGS BY ANDE, INC., a New York Corporation, Appellant, v. H. William SCHILLING, d/b/a Boca Bags and Feminine Touch, Appellee.

District Court of Appeal of Florida, Fourth District.

November 12, 1981.

Attorney(s) appearing for the Case

Peter N. Hanna, Fort Lauderdale, for appellant.

Robert L. Beals of DiGiulian, Spellacy & Meyer, Fort Lauderdale, for appellee.

BERANEK, Judge.

Pursuant to Florida Rule of Appellate Procedure 9.130(a)(5), plaintiff appeals from an order setting aside a final judgment. We reverse.

Plaintiff filed suit against H. William Schilling, d/b/a Boca Bags and Feminine Touch. The suit alleged plaintiff's delivery of certain merchandise to defendant's business for which payment had not been made. Personal service was effected on H. William Schilling, but no responsive pleadings were filed and...

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