PHYLIS GARRIS, APPELLANT,

v.

WINN DIXIE STORES, INC., APPELLEE

Citator

Cited By

• Berdeaux v. Eagle-Picher Indus., Inc., 575 So. 2d 1295 (Fla. 3d DCA 1990)
  …pplication of Florida Rule of Civil Procedure 1.500(c)1 wherein the law of the State requires a default not be entered, under that rule, if the defendant files its answer at any time prior to the proposed entry of a default. See Humbert v. Ackerman, 541 So. 2d 1229 (Fla. 3d DCA 1989). We find, however, that the above discussion does not apply to the defendant “Flintkote”, since service of process was not ever effected upon that defendant. Affirmed in part and reversed in part. . Rule 1.500(c) provides: (c)…
• Nants v. Faria, 553 So. 2d 369 (Fla. 5th DCA 1989)
  …DCA 1986). Indeed, the third district court of appeal has held that a default, even though signed by the trial judge, must be set aside if a pleading or defensive motion is filed before the default order is filed with the clerk. Humbert v. Ackerman, 541 So. 2d 1229 (Fla. 3d DCA 1989); Chester, Blackburn and Roder, Inc. v. Marchese, 383 So. 2d 734 (Fla. 3d DCA 1980). Accordingly, since Nants served and filed his responsive pleading before the default was rendered, the default should have been set aside. In ligh…
• Abelson v. First Nationwide Bank, 545 So. 2d 414 (Fla. 3d DCA 1989)
  …herwise defend at any time before default is entered.” Since Abelson’s motions were filed before the default was entered, Abelson’s motions were timely, and such motions precluded the entry of a default judgment against him. See Humbert v. Ackerman, 541 So. 2d 1229 (Fla. 3d DCA 1989); Board of Regents v. Hardin, 393 So. 2d 1134 (Fla. 1st DCA 1981); Chester, Blackburn & Roder, Inc. v. Marchese, 383 So. 2d 734 (Fla. 3d DCA 1980). Further, accepting as correct the trial court’s finding that Abelson’s motion to di…