THAW, GOPMAN & ASSOCIATES, P.A., AND RONALD THAW, APPELLANTS,
v.
JACK J. GREENBERG, M.D. & ASSOCIATES, P.A.; JACK JAY GREENBERG, M.D., NOT INDIVIDUALLY BUT AS TRUSTEE FOR JACK JAY GREENBERG, M.D. & ASSOCIATES, P.A. PENSION PLAN, AND AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF ESTHER GREENBERG; AND WILLIAM Z. YAHR, M.D., NOT INDIVIDUALLY BUT AS TRUSTEE FOR JACK JAY GREENBERG, M.D. & ASSOCIATES, P.A. PENSION PLAN, AND AS TRUSTEE FOR THE BEATRICE YAHR TRUST, APPELLEES
THAW, GOPMAN & ASSOCIATES, P.A., AND RONALD THAW, APPELLANTS,
JACK J. GREENBERG, M.D. & ASSOCIATES, P.A.; JACK JAY GREENBERG, M.D., NOT INDIVIDUALLY BUT AS TRUSTEE FOR JACK JAY GREENBERG, M.D. & ASSOCIATES, P.A. PENSION PLAN, AND AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF ESTHER GREENBERG; AND WILLIAM Z. YAHR, M.D., NOT INDIVIDUALLY BUT AS TRUSTEE FOR JACK JAY GREENBERG, M.D. & ASSOCIATES, P.A. PENSION PLAN, AND AS TRUSTEE FOR THE BEATRICE YAHR TRUST, APPELLEES
595 So. 2d 305
Florida District Court of Appeal, Third District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We reverse the order denying the motion to vacate default filed by defendants Thaw, Gopman & Assoc., P.A., and Ronald Thaw. Under the circumstances of this case, the submission of motions to modify a stay and to dismiss the complaint instead of an answer as provided in the trial court’s order does not merit entry of a default. Joseph v. Marese, 534 So. 2d 920 (Fla. 3d DCA 1988); Techno Indus. Corp. v. Cooper Indus., Inc., 410 So. 2d 584 (Fla. 3d DCA 1982).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Osheroff v. Osheroff, 694 So. 2d 855 (Fla. 3d DCA 1997)…retion.” Techno Indus. Corp. v. Cooper Indus., Inc., 410 So. 2d 584, 584 (Fla. 3d DCA 1982) (citations omitted); see also Joseph v. Marese, 534 So. 2d 920, 921 (Fla. 3d DCA 1988); Thaw, Gopman & Assocs., P.A v. Jack J. Greenberg, M.D. & Assocs., PA, 595 So. 2d 305 (Fla. 3d DCA 1992). Accordingly the final judgment and default are reversed and the cause remanded for further proceedings. Reversed and remanded.…
-
Silas Pierce & Est. Sales Stars v. Kroha, 200 So. 3d 241 (Fla. 5th DCA 2016)…CA 1997). Although the better practice to challenge this error would have been a direct appeal, there is authority that it may be challenged by a motion to vacate the judgment. Thaw, Gopman & Assocs., P.A. v. Jack J. Greenberg, M.D. & Assocs., P.A., 595 So. 2d 305 (Fla. 3d DCA 1992). Accordingly, we reverse and remand this cause for further proceedings. REVERSED and REMANDED. SAWAYA, TORPY and COHEN, JJ., concur. . We use the term "Appellants” in the plural because that is the way the appeal is styled,…
Authorities Cited
- Techno Indus. Corp. v. Cooper Indus., Inc., 410 So. 2d 584 (Fla. 3d DCA 1982)
- Joseph v. Marese, 534 So. 2d 920 (Fla. 3d DCA 1988)