Bob White's Cap, Inc. v. Ocean Foods, Inc.

District Court of Appeal of Florida

Bob White's Cap, Inc. v. Ocean Foods, Inc.

790 So. 2d 1288, 2001 Fla. App. LEXIS 11466, 2001 WL 913816

CourtDistrict Court of Appeal of Florida

DecidedAugust 15, 2001

DocketNo. 4D00-4653

StatusPublished

This text of 790 So. 2d 1288 (Bob White's Cap, Inc. v. Ocean Foods, Inc.) 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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Bob White's Cap, Inc. v. Ocean Foods, Inc., 790 So. 2d 1288, 2001 Fla. App. LEXIS 11466, 2001 WL 913816 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

Bob White’s Cap, Inc., Robert White and White Cap of Florida, Inc ., appeal the final judgment of default entered in favor of Ocean Foods, Inc., and Jen L., Inc. Appellants claim they are entitled to relief because their answer to the complaint was served the same day the clerk entered the defaults. We find that Gibraltar Serv. Corp. v. Lone and Assocs., Inc., 488 So.2d 582 (Fla. 4th DCA 1986), controls and the default should have been vacated. See also DeRosa v. Pugliese, 782 So.2d 1011 (Fla. 4th DCA 2001); Sunniland Bank v. Mosley, 659 So.2d 1184 (Fla. 4th DCA 1995). We, therefore, reverse and remand for the trial court to vacate the default and [1289]*1289the final judgment entered thereon and for further proceedings.

REVERSED and REMANDED.

GUNTHER, FARMER and HAZOURI, JJ., concur.

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PER CURIAM.

Bob White’s Cap, Inc., Robert White and White Cap of Florida, Inc ., appeal the final judgment of default entered in favor of Ocean Foods, Inc., and Jen L., Inc. Appellants claim they are entitled to relief because their answer to the complaint was served the same day the clerk entered the defaults. We find that Gibraltar Serv. Corp. v. Lone and Assocs., Inc., 488 So.2d 582 (Fla. 4th DCA 1986), controls and the default should have been vacated. See also DeRosa v. Pugliese, 782 So.2d 1011 (Fla. 4th DCA 2001); Sunniland Bank v. Mosley, 659 So.2d 1184 (Fla. 4th DCA 1995). We, therefore, reverse and remand for the trial court to vacate the default and [1289]*1289the final judgment entered thereon and for further proceedings.

REVERSED and REMANDED.

GUNTHER, FARMER and HAZOURI, JJ., concur.

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790 So. 2d 1288, 2001 Fla. App. LEXIS 11466, 2001 WL 913816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bob-whites-cap-inc-v-ocean-foods-inc-fladistctapp-2001.

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