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Gomez v. Country Club Apartments

District Court of Appeal of Florida, Fourth District
Apr 27, 1988
528 So. 2d 907 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1636.

April 27, 1988.

Appeal from the Circuit Court, Broward County, Robert C. Scott, J.

Alec Ross, North Miami Beach, for appellants.

No appearance for appellees.


ON REHEARING


Appellants' motion for rehearing to clarify opinion is granted and we substitute the following opinion.

We reverse. The trial court erred in denying appellants' motion to vacate default and in entering default judgment against appellants. The entry of default was improper since appellants' motion to transfer/consolidate was pending before the court at the time the default was entered. Accordingly, the entry of the default and default judgment are reversed. Harth v. Margaretten and Co., 513 So.2d 1083 (Fla. 4th DCA 1987); Fla.R.Civ.P. 1.500(c).

DOWNEY and WALDEN, JJ., concur.


Summaries of

Gomez v. Country Club Apartments

District Court of Appeal of Florida, Fourth District
Apr 27, 1988
528 So. 2d 907 (Fla. Dist. Ct. App. 1988)
Case details for

Gomez v. Country Club Apartments

Case Details

Full title:CARLOS M. GOMEZ AND PAULINA GOMEZ, APPELLANTS, v. COUNTRY CLUB APARTMENTS…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 27, 1988

Citations

528 So. 2d 907 (Fla. Dist. Ct. App. 1988)