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Set Aside of Final Judgment in Personal Injury Case

Caryn Bellus and Barbara Fox, of the Miami office, prevailed in a case before the First District Appeal, regarding a personal injury action. The Plaintiff obtained a default final judgment against the Defendants for an amount in excess of one million dollars. After the trial court set aside the million-dollar judgment based on excusable neglect, Plaintiff’s counsel appealed the order, making hyper-technical arguments that the Defendants were represented by counsel when judgment was entered, barring those Defendants from having the judgment set aside. Ultimately, however, the First District agreed with the trial court and affirmed that the final judgment should be set aside.

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