MAINTENANCE ELECTRIC COMPANY, INC., APPELLANT,
v.
HORACE W. HESSON AND JANE S. HESSON, HIS WIFE, APPELLEES
MAINTENANCE ELECTRIC COMPANY, INC., APPELLANT,
HORACE W. HESSON AND JANE S. HESSON, HIS WIFE, APPELLEES
493 So. 2d 94
Florida District Court of Appeal, Fourth District (1986)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
This case involves an appeal from the trial court’s order denying defendant’s motion to vacate a default judgment. The record reflects that the defendant mailed a motion to dismiss on December 24, 1986, the same day that the clerk had entered a default. We reverse. See Gibraltar Service Corporation v. Lone & Associates, 488 So. 2d 582 (Fla. 4th DCA 1986).
REVERSED.
ANSTEAD, GUNTHER and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nasrallah v. Smith, 538 So. 2d 554 (Fla. 5th DCA 1989)…ainst whom the default has been entered demonstrates that appropriate service of a responsive pleading was made on or prior to the date on which the default was entered. ... 534 So. 2d at 1243. See also Maintenance Electric Company, Inc. v. Hesson, 493 So. 2d 94 (Fla. 4th DCA 1986); Barnett Bank of Southwest Florida v. Anderson, 488 So. 2d 923 (Fla. 2d DCA 1986); Hodkin v. Ledbetter, 487 So. 2d 1214 (Fla. 4th DCA 1986). Accordingly, we reverse the final judgment entered against appellants and [*556] remand…
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Roche v. Commercial Tech. Consultants Co., 534 So. 2d 1243 (Fla. 5th DCA 1988)…at appropriate service of a responsive pleading was made on or prior to the date on which the default was entered, whether the default was entered by the Clerk pursuant to Florida Rule of Civil Procedure 1.500(a), Maintenance Electric Co. v. Hesson, 493 So. 2d 94 (Fla. 4th DCA 1986); Gibraltar Service Corp. v. Lone and Associates, Inc., 488 So. 2d 582 (Fla. 4th DCA 1986), or as here, by the court pursuant to Rule 1.500(b), Barnett Bank of Southeast Florida, N.A. v. Anderson, 488 So. 2d 923 (Fla.2d DCA 1986).…
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Williams v. Express Leasing, Inc., 575 So. 2d 768 (Fla. 5th DCA 1991)…default must be set aside where the defendant demonstrates it has served a responsive pleading prior to entry of the default. Roche v. Commercial Technical Consultants Company, 534 So. 2d 1243 (Fla. 5th DCA 1988); Maintenance Electric Co. v. Hesson, 493 So. 2d 94 (Fla. 4th DCA 1986); See also Nants v. Faria, 553 So. 2d 369 (Fla. 5th DCA 1989); Nasrallah v. Smith, 538 So. 2d 554 (Fla. 5th DCA 1989). In this case, the motion to dismiss reflects a service date by mail of January 8, 1990. Under Florida Rule of…
Authorities Cited
- Gibraltar Serv. Corp. v. Lone & Assocs., Inc., 488 So. 2d 582 (Fla. 4th DCA 1986)