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Bischoff v. Dixie Auto Parts Equip

District Court of Appeal of Florida, Third District
May 17, 1977
346 So. 2d 146 (Fla. Dist. Ct. App. 1977)

Summary

ruling error to allow party to file a cross-claim against co-defendant after a default had been entered against it

Summary of this case from Steelcase v. Office Interiors of Fl.

Opinion

No. 77-58.

May 17, 1977.

Appeal from the Circuit Court, Dade County, David Popper, J.

Turner, Hodson, Watkins Lynn, Homestead, for appellant.

William M. Manker, Miami, for appellee.

Before HENDRY, C.J., PEARSON, J., and CHARLES CARROLL (Ret.), Associate Judge.


Appellant seeks review by this interlocutory appeal of an order of the Circuit Court for Dade County denying a motion to dismiss a counterclaim and cross-claim filed by the appellee against him subsequent to the entry of a default against it in a foreclosure suit. We find error and reverse.

It was error for the trial court to allow appellee, Dixie Auto Parts and Equipment Corp. to file and prosecute a cross-claim against appellant, a co-defendant, after a default had been entered against it. The Florida Rules of Civil Procedure provide that a party in default may not file pleadings in an action, other than those pleadings of such nature as seek relief from the default. Fla.R.Civ.P. 1.500; Somerville v. Skidmore, 175 So.2d 575 (Fla.3rd DCA 1965). The order appealed is reversed.

Reversed.


Summaries of

Bischoff v. Dixie Auto Parts Equip

District Court of Appeal of Florida, Third District
May 17, 1977
346 So. 2d 146 (Fla. Dist. Ct. App. 1977)

ruling error to allow party to file a cross-claim against co-defendant after a default had been entered against it

Summary of this case from Steelcase v. Office Interiors of Fl.
Case details for

Bischoff v. Dixie Auto Parts Equip

Case Details

Full title:JON E. BISCHOFF, APPELLANT, v. DIXIE AUTO PARTS AND EQUIPMENT CORP., A…

Court:District Court of Appeal of Florida, Third District

Date published: May 17, 1977

Citations

346 So. 2d 146 (Fla. Dist. Ct. App. 1977)

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Steelcase v. Office Interiors of Fl.

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Hines v. Hines

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