Opinion

Brown v. Brown

  • 730 So. 2d 406
  • 1999 Fla. App. LEXIS 4556
  • 1999 WL 193124
Court
District Court of Appeal of Florida
Filed
Apr 9, 1999
Status
Published
Author
Thompson
On the bench
Peterson, Sharp, Thompson
Cited by
1 cases
Authority
More cited than 52.3%

The opinion

THOMPSON, J.,

Elaine M. Brown appeals a final judgment of dissolution.

The clerk was not authorized to enter the default. Florida Rule of Civil Procedure 1.500(a) provides:

When a party against whom affirmative relief is sought has failed to file or serve any paper in the action, the party seeking relief may have the clerk enter a default against the party failing to serve or file such paper.

*407 In Turner v. Allen, 389 So.2d 686 (Fla. 5th DCA 1980) this court stated:

If a party files pleadings as Turner did in this case (a motion to dismiss in response to the original complaint and a stipulation for withdrawal of counsel), Rule 1.500(a) is no longer applicable. The default entered by the clerk after the defendant had served and filed pleadings in the case was erroneous, and the court erred by not vacating the default and final judgment. Mo-Con Properties, Inc. v. American Mechanical, Inc., 289 So.2d 744 (Fla. 4th DCA 1974).

Accordingly, the default and the final judgment are VACATED.

W. SHARP, and PETERSON, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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