Sunniland Bank v. Mosley
This text of 659 So. 2d 1184 (Sunniland Bank v. Mosley) 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.
Opinion
This is an appeal from an order denying relief from a final judgment of default. Appellant claims it is entitled to relief because its answer to the complaint was served on the same day the clerk entered the default, citing Gibraltar Serv. Corp. v. Lone and Associates, Inc., 488 So.2d 582 (Fla. 4th DCA 1986). We agree that Gibraltar is controlling and the default should have been vacated. Therefore, we reverse and remand for the trial court to vacate the final judgment and default and for further proceedings.
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Cite This Page — Counsel Stack
659 So. 2d 1184, 1995 Fla. App. LEXIS 8680, 1995 WL 480983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sunniland-bank-v-mosley-fladistctapp-1995.