Gomez v. Country Club Apartments at Bonaventure

District Court of Appeal of Florida

Gomez v. Country Club Apartments at Bonaventure

528 So. 2d 907, 1988 WL 38016

CourtDistrict Court of Appeal of Florida

DecidedApril 27, 1988

DocketNo. 87-1636

StatusPublished

This text of 528 So. 2d 907 (Gomez v. Country Club Apartments at Bonaventure) 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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Gomez v. Country Club Apartments at Bonaventure, 528 So. 2d 907, 1988 WL 38016 (Fla. Ct. App. 1988).

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Opinion

ON REHEARING

GUNTHER, Judge.

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.

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