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Anderson v. Carlozzi

District Court of Appeal of Florida, Second District
Apr 25, 1990
571 So. 2d 4 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-00713.

April 25, 1990.

Appeal from a nonfinal order of the Circuit Court for Lee County; R. Wallace Pack, Judge.

Roger E. Craig, Naples, for appellant.

No appearance for appellee.


The appellant, the defendant in the trial court, appeals an order denying a motion to vacate an order of default. We reverse because Florida Rule of Civil Procedure 1.500(c) specifically provides that if a party fails to plead or otherwise defend, the trial court may enter a default against such party. The appellant has demonstrated that he filed pleadings in this cause three months before the order of default was entered.

Reversed and remanded for further proceedings.

HALL and ALTENBERND, JJ., concur.


Summaries of

Anderson v. Carlozzi

District Court of Appeal of Florida, Second District
Apr 25, 1990
571 So. 2d 4 (Fla. Dist. Ct. App. 1990)
Case details for

Anderson v. Carlozzi

Case Details

Full title:AL ANDERSON, INDIVIDUALLY, AND D/B/A DR. SPARK PLUG, APPELLANT, v. STEVE…

Court:District Court of Appeal of Florida, Second District

Date published: Apr 25, 1990

Citations

571 So. 2d 4 (Fla. Dist. Ct. App. 1990)