Summary
reversing denial of motion to vacate default where failure of client to answer complaint was excusable neglect due to abandonment by counsel
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No. 96-1801.
December 18, 1996.
Appeal from the Fifteenth Judicial Circuit Court, Palm Beach County, John J. Hoy, J.
John R. Allison, III, of Allison Robertson, P.A., Miami, for appellants.
Philip M. Burlington of Caruso, Burlington, Bohn Compiani, P.A., West Palm Beach, and Richard H. Willits of Richard H. Willits, P.A., Lake Worth, for Appellee-Robert T. Butler.
We reverse the trial court's order which denied appellants' motion to vacate the default entered against them.
Appellants' attorney, Richard H. Perlman, abandoned his clients without notice and vacated his Florida office. Accordingly, service of an amended complaint by appellees upon Perlman at the lawyer's vacated Florida office and at some California address could not be considered notice to his abandoned clients, whose failure to respond constituted excusable neglect.
There is no issue of appellants' diligence in seeking to have the default vacated, appellees having stipulated to same.
GUNTHER, C.J., and GLICKSTEIN and WARNER, JJ., concur.