SUNNILAND BANK, APPELLANT,
v.
JOHN E. MOSLEY AND JEANETTE MOSLEY, LAKEVIEW VILLAGE, INC., LAKEVIEW VILLAGE II, INC., AND S & F BUILDERS, INC., APPELLEES
SUNNILAND BANK, APPELLANT,
JOHN E. MOSLEY AND JEANETTE MOSLEY, LAKEVIEW VILLAGE, INC., LAKEVIEW VILLAGE II, INC., AND S & F BUILDERS, INC., APPELLEES
659 So. 2d 1184
Florida District Court of Appeal, Fourth District (1995)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
This is an appeal from an order denying relief from a final judgment of default. Appellant claims it is entitled to relief because its answer to the complaint was served on the same day the clerk entered the default, citing Gibraltar Serv. Corp. v. Lone and Associates, Inc., 488 So. 2d 582 (Fla. 4th DCA 1986). We agree that Gibraltar is controlling and the default should have been vacated. Therefore, we reverse and remand for the trial court to vacate the final judgment and default and for further proceedings.
WARNER, FARMER and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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P.B. and B.B. v. Dep't of Child. & Fam. Servs., 709 So. 2d 590 (Fla. 4th DCA 1998)…in the proceedings below or request a continuance. The first time they raised the issue was on appeal. By failing to object and by proceeding on the matter at the hearing, Appellants waived their objections to the lack of notice. McGlamry v. Voytek, 659 So. 2d 1184, 1184-85 (Fla. 4th DCA 1995). STONE, C.J., and KLEIN and GROSS, JJ., concur.…
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DeROSA v. Pugliese, 782 So. 2d 1011 (Fla. 4th DCA 2001)…affirmative defenses before the clerk entered its default. Therefore, appellants were not required to raise the argument in the trial court that the default was void in order to preserve that point for appellate review. See Sunniland Bank v. Mosley, 659 So. 2d 1184 (Fla. 4th DCA 1995); Clement v. Marcus, Stowell & Beye, Inc., 516 So. 2d 1137 (Fla. 4th DCA 1987); Gibraltar Serv. Corp. v. Lone and Assoc., 488 So. 2d 582 (Fla. 4th DCA 1986); Chester, Blackburn & Roder, Inc. v. Marchese, 383 So. 2d 734 (Fla. 3d DC…
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BOB White's CAP, Inc. v. Ocean Foods, Inc., 790 So. 2d 1288 (Fla. 4th DCA 2001)…efaults. We find that Gibraltar Serv. Corp. v. Lone and Assocs., Inc., 488 So. 2d 582 (Fla. 4th DCA 1986), controls and the default should have been vacated. See also DeRosa v. Pugliese, 782 So. 2d 1011 (Fla. 4th DCA 2001); Sunniland Bank v. Mosley, 659 So. 2d 1184 (Fla. 4th DCA 1995). We, therefore, reverse and remand for the trial court to vacate the default and [*1289] the final judgment entered thereon and for further proceedings. REVERSED and REMANDED. GUNTHER, FARMER and HAZOURI, JJ., concur.…
Authorities Cited
- Gibraltar Serv. Corp. v. Lone & Assocs., Inc., 488 So. 2d 582 (Fla. 4th DCA 1986)