SCHAUER v. COLEMAN

No. 93-03556.

639 So.2d 637 (1994)

Robert SCHAUER and Marlene Schauer, his wife, Appellants, v. Dale B. COLEMAN and Linda Coleman, his wife, Appellees.

District Court of Appeal of Florida, Second District.

July 1, 1994.


Attorney(s) appearing for the Case

Ralph D. Stoddard of Hampton, Stoddard, Griffin & Runnels, Brandon, for appellants.

James S. Moody, Jr., of Trinkle, Redman, Moody, Swanson & Byrd, P.A., Plant City, for appellees.


BLUE, Judge.

The Schauers appeal a nonfinal order setting aside a default judgment in their favor. They argue the trial court erred by setting aside the final judgment based on its finding that earlier testimony was incorrect. We agree and reverse.

The Schauers filed a complaint to enforce an agreement to purchase property from the Colemans. Based on the Colemans' failure to respond in the action, the Schauers filed for and the clerk entered a default under...

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