PUBLISHER'S VENDING SERVICES, INC., A/K/A PUBLISHER'S VENDING SERVICE, INC., PETITIONER, MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., RESPONDENT

Citator

Cited By

• Gavin v. Gavin, 456 So. 2d 535 (Fla. 1st DCA 1984)
  …since service was effective when mailed, that is, on the nineteenth day, the entry of default was improper. See also, Merrill Lynch, Pierce, Fenner and Smith, Inc. v. Publishers Vending Services, Inc., 296 So. 2d 570 (Fla. 3d DCA 1974), cert. den., 305 So. 2d 208 (Fla.1974); MoCon Properties, Inc. v. American Mechanical, Inc., 289 So. 2d 744 (Fla. 4th DCA 1974). [*538] Accordingly, default was entered prematurely in the case at bar. In such circumstances, a defendant need not show either excusable neglect or…
• Beztak Constr. Co. v. Kesling Carpets, Inc., 596 So. 2d 1297 (Fla. 2d DCA 1992)
  …v.P. Rule 1.500 does not contain the word “timely.” Accordingly, the entry of the default by the clerk was erroneous. See Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Publisher’s Vending Services, Inc., 296 So. 2d 570 (Fla. 3d DCA), cert, denied, 305 So. 2d 208 (Fla.1974); Mo-Con Properties, Inc. v. American Mechanical, Inc., 289 So. 2d 744 (Fla. 4th DCA 1974). Entry of the final default judgment based upon the clerk’s default was likewise erroneous. When the matter was called to the trial court’s attentio…
• Highlands Ins. Co. v. Lucci, 423 So. 2d 947 (Fla. 3d DCA 1982)
  …l Development Utilities, Inc. v. Davis, 375 So. 2d 20 (Fla. 2d DCA 1979). Whether Vincent believed he was acting in self-defense and whether his belief was reasonable, Price v. Gray's Guard Service, Inc., 298 So. 2d 461 (Fla. 1st DCA), cert. denied, 305 So. 2d 208 (Fla.1974); accord Byrd v. Isgitt, 338 So. 2d 374 (La.Ct.App.1976), are questions of material fact precluding disposition by summary judgment. Our reversal necessitates a new trial, not only as to liability, but to damages as well. The trial court’…

Authorities Cited

• Merrill Lynch v. Publisher's Vending Servs., Inc., 296 So. 2d 570 (Fla. 3d DCA 1974)