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.