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Humbert v. Ackerman

District Court of Appeal of Florida, Third District
Feb 7, 1989
541 So. 2d 1229 (Fla. Dist. Ct. App. 1989)

Opinion

No. 88-1955.

February 7, 1989.

Appeal from the Circuit Court, Dade County, Edward S. Klein, J.

Paul W. Humbert, Hollywood, in pro. per.

Peter S. Schwedock, Miami, for appellee.

Before SCHWARTZ, C.J. and NESBITT and FERGUSON, JJ.


The appellant, Humbert, a defendant in a personal injury action, filed his answer and affirmative defenses after an order of default was signed by the court. It is undisputed, however, that Humbert's responsive pleading was filed before the order of default was filed. We hold, and the appellee Ackerman concedes, on the authority of Florida Rule of Civil Procedure 1.500(c) and Chester, Blackburn Roder, Inc. v. Marchese, 383 So.2d 734 (Fla. 3d DCA 1980), that Humbert's subsequent motion to vacate the default should have been granted.

Accordingly, we reverse and remand to the trial court to vacate the order of default and for further proceedings on the merits.


Summaries of

Humbert v. Ackerman

District Court of Appeal of Florida, Third District
Feb 7, 1989
541 So. 2d 1229 (Fla. Dist. Ct. App. 1989)
Case details for

Humbert v. Ackerman

Case Details

Full title:PAUL HUMBERT, APPELLANT, v. SOPHIE ACKERMAN, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Feb 7, 1989

Citations

541 So. 2d 1229 (Fla. Dist. Ct. App. 1989)

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