PRESTIGE VENDING, INC., APPELLANT,
v.
TRS PROPERTIES, INC., APPELLEE
PER CURIAM.
The appellant, the defendant in the trial court, appeals an order denying a motion to vacate default and a final judgment for damages against the appellant. We reverse because Florida Rule of Civil Procedure 1.500(c) specifically provides that a party may plead or otherwise defend at any time before default is entered, and the record in this case reflects that the appellant did so. See Clark v. Clark, 468 So. 2d 259 (Fla. 2d DCA 1985). In view of our disposition of the appeal on this point, we need not and do not address the other issues raised by the appellant.
Reversed and remanded for further proceedings.
DANAHY, A.C.J., and SCHOONOVER and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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W.R. Townsend Contracting, Inc. v. Jensen Civil Constr., Inc., 728 So. 2d 297 (Fla. 1st DCA 1999)…t that the law implies from facts where one receives goods or services from another under circumstances where in the normal course of common affairs a reasonable person receiving such benefit would ordinarily expect to pay for it. Osteen v. Morris, 481 So. 2d 1287, 1289-90 (Fla. 5th DCA 1986); Moncrief v. Hall, 63 So. 2d 640, 642 (Fla.1953) (en banc); Interior Design Concepts, Inc. v. Curtin, 473 So. 2d 1374 (Fla. 1st DCA 1985) (as basis for recovery under doctrine of quantum meruit, plaintiff was required to…
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Spence, Payne, Masington & Grossman, P.A. v. Philip M. Gerson, P.A., 483 So. 2d 775 (Fla. 3d DCA 1986)…conduct on the equity side of the court. Clearly, as long as solicitation is against the law, an attorney who engages in it is entitled to no fruit from the forbidden tree on any theory of recovery recognized in law or equity. Cf. Osteen v. Morris, 481 So. 2d 1287 (Fla. 5th DCA 1986) (where motor vehicle repair shop fails to provide customer with written estimate as required by statute, shop not entitled to recover cost of repairs under quantum me-ruit theory “because the recognition of a quasi-contractual ob…
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Hull & Co., Inc. v. Clair Thomas, 834 So. 2d 904 (Fla. 4th DCA 2003)…quasi-contract cause of action described above, it is not “inequitable” to preclude Hull’s recovery, because the legislature has imposed a license requirement as a condition of doing the type of business involved in this case. In Osteen v. Morris, 481 So. 2d 1287 (Fla. 5th DCA 1986), the fifth district imposed a similar limitation on quasi-contractual recovery. There, a repair shop customer orally authorized repair work to his car. The repair shop gave the customer two oral estimates for the work and the cus…
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- Clark v. Clark, 468 So. 2d 259 (Fla. 2d DCA 1985)