Spieles v. Snyder
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 BRIAN SPIELES and MICHAEL SPIELES, Appellants, v. RICHARD SNYDER and JOHN DARLSON, Appellees. No. 4D04-671 [ July 13, 2005 ] PER CURIAM. Brian Spieles and Michael Spieles, timely appeal from a Final Judgment for damages entered against them after default on liability was entered as a sanction for their failure to appear for the commencement of a scheduled jury trial. The appellants demonstrated excusable neglect and a meritorious defense. We therefore reverse and remand for a new trial. See Giron v. Fairways of Sunrise Homeowners Ass n, Inc., 30 Fla. L. Weekly D1426 (Fla. 4th DCA June 8, 2005). STEVENSON , C.J., TAYLOR and HAZOURI , JJ., concur. * * * Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Martin County; William L. Roby, Judge; L.T. Case No. 01-158 CA. Lisa M. Trempe and Madison B. McClellan of Gary, Williams, Parenti, Finney, Lewis, McManus, Watson & Sperando, P.L., Stuart, for appellants. Ronald M. Gaché and Lisa G. Quarrie of Broad and Cassel, West Palm Beach, for appellee Richard Snyder. Not final until disposition of timely filed motion for rehearing.
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