GARY BLEAKLEY, APPELLANT,

v.

JACQUELENE ANNE BLEAKLEY, APPELLEE

Citator

Cited By

• Stephens v. The Bank OF NEW York under the Pooling & Servicing Agreement as of May 31, 765 So. 2d 294 (Fla. 1st DCA 2000)
  …matters and prejudiced Appellant’s rights to proper notice and evidentiary hearing. The trial court, therefore, erred in denying the motion to set aside the default and judgment. See Employers’ Fire Ins. Co. v. Department of Labor & Employment Sec., 629 So. 2d 1118 (Fla. 1st DCA 1994) (citing Overholser v. Overstreet, 383 So. 2d 953 (Fla. 3d DCA 1980); Turner v. Allen, 389 So. 2d 686 (Fla. 5th DCA 1980)); Gavin v. Gavin, 456 So. 2d 535 (Fla. 1st DCA 1984); Beztak Constr. Co. v. Resting Carpets, Inc., 596 So. 2…
• Davis v. NEW River Dev., LLC., 877 So. 2d 848 (Fla. 4th DCA 2004)
  …, making an entry of default on November 25, 2002 premature. Because the motion for default was entered prematurely, all the orders entered after this improper default order are void. See Employers’ Fire Ins. Co. v. Dep’t of Labor & Employment Sec., 629 So. 2d 1118, 1118 (Fla. 1st DCA 1994). Accordingly, we reverse and remand for proceedings consistent with this opinion. REVERSED and REMANDED. GUNTHER, STEVENSON and HAZOURI, JJ., concur.…
• Hawanda Gilbert v. Storey, 920 So. 2d 1173 (Fla. 3d DCA 2006)
  …for responding to the complaint. The trial court was incorrect in concluding that the defendant’s response was overdue. The default and default judgment should not have been entered. See Employers’ Fire Ins. Co. v. Dept. of Labor & Employment Sec., 629 So. 2d 1118 (Fla. 1st DCA 1994). In the meantime the personal representative had also initiated the process for serving the defendant by publication. The advertisement gave a response deadline of October 28, 2004. The defendant’s counsel [*1175] served the mot…