Williams v. Stack, 366 So. 2d 872 (Fla. Dist. Ct. App. 1979).
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Williams v. Stack, 366 So. 2d 872 (Fla. Dist. Ct. App. 1979). Book View Copy Cite
Noble WILLIAMS
v.
Edward J. STACK, as Sheriff for Broward County, Florida, and John Doe, as unknown Trustee and agent of Broward County Sheriffs Department
No. 78-1508.
District Court of Appeal of Florida.
Jan 31, 1979.
366 So. 2d 872
James A. Brown, Fort Lauderdale, for appellant., David T. Price of Price & Byrne, Fort Lauderdale, for appellees.
Anstead, Beranek, Downey.
Cited by 4 opinions  |  Published
PER CURIAM.

This is an appeal from an order setting aside a default. The motion to set aside the default did not allege the existence of a meritorious defense, and no proof was ever submitted, other than representations of counsel, concerning any legal excuse for the failure to respond to the complaint. As such the motion and proof were insufficient to justify setting aside the default. Clark v. Roberto's, Inc., 320 So.2d 870 (Fla. 4th DCA 1975); Winter Park Arms, Inc. v. Ak- [*873] erman, 199 So.2d 107 (Fla. 4th DCA 1967); Thomason v. Jernigan, 146 So.2d 905 (Fla. 1st DCA 1962). Accordingly, the order is reversed.

DOWNEY, C. J., and ANSTEAD and BERANEK, JJ., concur.