Bischoff v. Dixie Auto Parts & Equipment Corp.

Florida District Courts of Appeal
Bischoff v. Dixie Auto Parts & Equipment Corp., 346 So. 2d 146 (1977)
Carroll, Hendry, Pearson, Ret

Bischoff v. Dixie Auto Parts & Equipment Corp.

Opinion of the Court

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.

Reference

Full Case Name
Jon E. BISCHOFF v. DIXIE AUTO PARTS AND EQUIPMENT CORP., a Florida Corporation
Cited By
3 cases
Status
Published