Bischoff v. Dixie Auto Parts & Equipment Corp.

District Court of Appeal of Florida

Bischoff v. Dixie Auto Parts & Equipment Corp.

346 So. 2d 146

CourtDistrict Court of Appeal of Florida

DecidedMay 17, 1977

DocketNo. 77-58

StatusPublished

Cited by3 cases

This text of 346 So. 2d 146 (Bischoff v. Dixie Auto Parts & Equipment Corp.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bischoff v. Dixie Auto Parts & Equipment Corp., 346 So. 2d 146 (Fla. Ct. App. 1977).

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Opinion

PER CURIAM.

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.

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PER CURIAM.

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.

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346 So. 2d 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bischoff-v-dixie-auto-parts-equipment-corp-fladistctapp-1977.

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