CHARLES ALBERT MORGAN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (21 total)

• Chester v. Marchese, 383 So. 2d 734 (Fla. 3d DCA 1980)
  …that one may “plead” at any time requires that the pleading be actually filed — as well as “served” — before the default is entered, but see Fla.R.Civ.P. 1.080(d), compare Fla.R. Civ.P. 1.500(a); Mo-Con Properties, Inc. v. American Mechanical, Inc., 289 So. 2d 744 (Fla.4th DCA 1974). Nor need we determine whether, if it does, the court erred in declining to permit the answer to be filed before him as authorized by Fla.R.Civ.P. 1.080(e). . Since the order of default was erroneous, the final default judgment m…
• Reicheinbach v. Se. Bank, N.A., 462 So. 2d 611 (Fla. 3d DCA 1985)
  …upport of his motion to vacate; nevertheless, the erroneous entry of the default entitles him to relief. Chester, Blackburn & Roder, Inc. v. Marchese, 383 So. 2d 734, 735 n. 3 (Fla. 3d DCA 1980); Mo-Con Properties, Inc. v. American Mechanical, Inc., 289 So. 2d 744 (Fla. 4th DCA 1974). The Order on Defendant’s Motion to Vacate Default Judgment is reversed and the cause is remanded for further proceedings. . The deficiency has apparently not been reduced to judgment. . The letter stated: As per our conversa…
• Turner v. Allen, 389 So. 2d 686 (Fla. 5th DCA 1980)
  …nger 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). The plaintiffs argue that Turner was entitled to no relief from the default and the final judgment as well, because he failed to allege and establish “excusable neglect” and the existence of a “meritorious defense.” Empire Elec…

Authorities Cited

• Richardson v. State, 247 So. 2d 296 (Fla. 1971)